dying declaration (Exh.29).
59. There is a variance between dying declaration / FIR
(Exh.53) and dying declaration (Exh.29). In dying declaration ... dying
declaration (Exh.53) and dying declaration (Exh.29) doubtful.
60. It is a matter of record that, prior to recording of dying
declaration
also examined the
issue of multiple dying declaration and also about the truthfulness
of the dying declaration recorded by the Judicial Magistrate. Para ... that if any inconsistencies/contradictions are found
in the dying declaration, then the dying declaration
recorded before the Magistrate is to be relied upon, which
two dying declarations were recorded. First dying declaration was recorded by the Magistrate on 02.8.1999 at 11.30 AM, whereas the second dying declaration was recorded ... multiple dying declarations, and in the earlier dying declaration, accused is not sought to be roped in, but in the later dying declaration, a somersault
satisfied
that the dying declaration is truthful. If there
are two dying declaration giving two different
versions, a serious doubt is created about the
truthfulness ... form of more than one dying declaration
is well settled. Accordingly, it is not the
plurality of the dying declaration but the
reliability thereof that
State of Rajasthan , in para No. 17, while considering two dying declarations, wherein one dying declaration made before the Magistrate, the accused and have ... instant case there are discrepancies and contradictions in the two dying declarations. One dying declaration in writing was recorded
arguments and stated that in the present case there were three
dying declaration. Two dying declaration have been given by the
patient immediately when ... evidence. Here in the present case there are three dying
declaration on record. First dying declaration has been made to the
doctor by the deceased
After the two oral dying declarations have been discarded, there survived only the two written dying declarations, one made to the Investigating Officer ... more persons as assailants in the dying declaration made to Dr. S.P. Jain. While in the dying declaration made to the Investigating Officer
that
for not examining the doctor, the dying declaration recorded
by the Executive Magistrate and the dying declaration orally
made need not be doubted ... interested in
fabricating the dying declaration and, therefore, the
question of genuineness of the dying declaration recorded by
the Executive Magistrate to be doubted does
feel further convinced not only with the oral dying declaration, but also with the written dying declaration made by the deceased and written by Lavkushprasad ... oral and written dying declaration of the deceased. It has also been held that even excluding the written dying declaration of PW-2 the evidences
Kumar to make a statement although doctor was always available. In two dying declaration it is only indicated that he was conscious. No amount ... doctor can supplement the endorsement of Certificate while recording the dying declaration. The first two statements have been recorded in quick succession without waiting
