witnesses given in support
of the other dying declaration dated 6-11-1976. Finally, in the
dying declaration before a Magistrate on which possibly more ... consider the
legality and acceptability of two dying declarations. Noticing the
inconsistency between the two dying declarations, the Court
held that it is not safe
case is based on these two dying declarations, it
would be apposite to consider them threadbare.
15.1. First dying declaration at Exh. 44 bears ... therefore rejected.
16. The aforesaid two written dying declarations are clearly
corroborated and supported by the oral dying declaration given
endorsement of the doctor on the two dying
declarations, it is sufficient if the person recording the dying
declaration is satisfied that the deceased ... contents in other two dying declarations.
19. Coming to the other two dying declarations, the first
dying declaration is placed on record
support of his plea.
6
5) Believing the oral dying declaration and the two dying
declarations, which are placed ... Counsel for the Appellant
mainly submits that, except the oral dying declaration and the
two statements said to have been recorded by the police, there
setting her ablaze.
Prosecution case is based on oral dying declaration and two
written dying declarations given by Sindhubai, which have been
accepted ... Sindhubai
herself. There is no doubt that the oral dying declaration and the two
written dying declarations are consistent with each other nor there
sister of accused No.1 and also the first dying
declaration and 2nd dying declaration. Hence, the same may be
considered as material contradiction ... doubt about the truthfulness of such dying declaration.
16. If there are multiple dying declaration, each dying
declaration has to be considered independently on its merit
State Of Karnataka vs Deepak S/O Shivakumar on 27 December, 2022
1
SC NO
resorted to firing and, therefore, if this dying declaration is accepted as true, then only two persons resorted to firing. Therefore, the prosecution story ... understanding that the former was about to die and that the later was recording his dying declaration. The provisions of Regulation 115 of the Police
Deepak Hari Jogdand, Assistant Police Inspector,
Boisar Police Station recorded the dying declaration of Rajkumar and handed
over charge of investigation to PW-12 - Investigating ... received a phone call from the police
station intimating that two persons have been burnt in an acid
company and admitted to TIMA hospital
dispute that dying declaration can
be the sole basis for conviction, however, such a dying
declaration has to be proved to be wholly reliable,
voluntary ... were infirmities
in declaration regarding state of deceased to make oral
dying declaration and unnatural conduct of witness to
whom dying declaration was allegedly given
