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
dying declaration. Dying declaration recorded by
Mr. Ramesh Giri Naib Tehsildar/Executive Magistrate on 04.03.1989 was found
acceptable. Sessions Judge rejected the dying declaration recorded ... dying declarations as a rule of caution the court has to take the dying
declaration with caution and in view of the third dying declaration
negligent while recording the dying declaration.
When there are more than one dying
declarations, the intrinsic contradictions in those
dying declarations are extremely important ... make the dying declaration. In order
to satisfy itself that the deceased was in a fit
mental condition to make the dying declaration,
the courts
declaration given by the deceased. There are two dying declarations in this case. The first dying declaration given by the deceased before ... find some material contradiction in the two dying declaration given by the deceased. The first dying declaration given before the P.W.1, the deceased
appellant has vehemently urged
the fact that although there are two dying declaration
available on record namely
inconsistencies in between written dying declaration and the oral dying
declaration for the reason that in the oral dying declaration, name of all
the accused ... dying declaration
as incorrect then also, in our opinion, the trial court has
erred because in the case of multiple dying declaration each
dying declaration
inconsistencies in between written dying declaration and the oral dying
declaration for the reason that in the oral dying declaration, name of all
the accused ... dying declaration
as incorrect then also, in our opinion, the trial court has
erred because in the case of multiple dying declaration each
dying declaration
dying declaration. The version of two
deceased stated in two different dying declarations is conflicting with each
other. Dying declaration recorded by Executive Magistrate ... multiple dying declarations and acceptance of one
dying declaration necessarily render other dying declaration unacceptable,
no reliance can be placed on such dying declaration
dying declaration. Dying declaration
recorded by Mr. Ramesh Giri Naib Tehsildar/Executive
5
Magistrate on 04.03.1989 was found acceptable.
Sessions Judge rejected the dying declaration ... courts below to rely on the first two dying
declaration. The third dying declaration which was
recorded by the Executive Magistrate which also
inconsistencies in between written dying declaration and the oral dying
declaration for the reason that in the oral dying declaration, name of all
the accused ... dying declaration
as incorrect then also, in our opinion, the trial court has
erred because in the case of multiple dying declaration each
dying declaration
