depose
that when he recorded dying declaration, the deceased was alone. In
the dying declaration, deceased named number of persons i.e.
Himmat Singh, Jaikaran ... impugned judgment has held that deceased Sampat Bai named in her
dying declaration two sons of Mangal Singh Thakur, however, no
son of Mangal Singh
Satish
Madhukar Shinde. Morning dying declaration suggests of accidental
death, whereas night dying declaration suggests of homicidal
death. Fourth dying declaration was recorded ... successful in relying
upon the homicidal dying declaration only when the accidental
dying declaration is shown as doubtful or recorded due to pressure.
There
case of multiple dying declaration made by the deceased and considering the inconsistency in the dying declaration, the dying declaration Ex.Ka-12 is required ... such dying declarations, that is to say, if there are more than one dying declaration they should be consistent. If a dying declaration is found
condition to give dying declaration, their appears no justification in
discarding the dying declaration as prayed by learned counsel.
32. In the case of Mahadeo ... dying declaration alone,
however, has held that dying declaration should be subjected to
close scrutiny and the Courts must be satisfied that the dying
declaration
Karnataka v. Suvarnamma and another , (2015) 1 SCC 323 there were two dying declaration of a bride who died due to excessive burn injuries ... that two dying declarations are recorded, the court has to find out as to which one was genuine and truth as the dying declaration
wound healthy.
These injuries are consistent with the dying declaration. We,
therefore, find that the dying declaration of Ananda is truthful, reliable
and trustworthy ... Ananda's dying declaration, two incised wounds were caused to
him, one by Ramrao A-1 on his abdomen and other by Bapus
nature of dying
declaration. Thereafter at about 3.45 a.m. during the
nocturnal hours, the dying declaration was recorded
by the Executive Magistrate ... give any
such dying declaration. The credibility and
reliability of dying declaration would always loses
its value when multiple dying declarations which are
diametrically opposite
wound healthy.
These injuries are consistent with the dying declaration. We,
therefore, find that the dying declaration of Ananda is truthful, reliable
and trustworthy ... Ananda's dying declaration, two incised wounds were caused to
him, one by Ramrao A-1 on his abdomen and other by Bapus
multiple dying declarations when acceptance
of one dying declaration falsifies the other, then both the
dying declarations have to be necessarily rejected. The
dying declarations ... Much stress has been given on the alleged two inconsistent
dying declarations. Dying declaration (Exhibit 19) was recorded by
P.W.2 ASI Dinkar
matchstick. This version in the above
two dying declarations is consistent supported by the
oral dying declaration made by the deceased before
Jainoddin ... there are two dying declarations giving two
different versions, a serious doubt is created
about the truthfulness of the dying declaration.
It may be that
