after death of the
deceased on 16.04.2013 both two dying declaration,
admittedly first statement Ex.P9 was recorded by the police ... issued certificate of fitness, Ex.P11 dying declaration,
19
PW-20 Tahsildar who recorded dying declaration Ex.P11
before Doctor
other offences and hence, case was
registered by recording dying declaration and Police have
investigated the matter and filed the charge sheet. The
accused persons ... two statements and the
same not inspires the confidence of the Court and the Trial
Court has not considered the dying declaration which
other offences and hence, case was
registered by recording dying declaration and Police have
investigated the matter and filed the charge sheet. The
accused persons ... two statements and the
same not inspires the confidence of the Court and the Trial
Court has not considered the dying declaration which
analysing the truthfulness, genuineness of the dying
declaration and should come to a proper conclusion that the
dying declaration is not a product of prompting ... Haryana )
"Severability of a dying declaration
33. The next question is whether Asha Devi's dying
declaration can be spilt up to segregate
dying declaration, the Trial Court has therefore rightly rejected the evidence of P.W. 2 with regard to the alleged oral dying declaration made ... that the deceased made her dying declaration as per Ex. P. 29 and there was no other dying declaration made by her. The evidence
dying declaration as per Ex.P8. He
has given Certificate of Fitness of the injured at the time of
recording of dying declaration ... entire evidence on
record, except the witnesses who are referable to two
dying declaration given by the deceased, all other
witnesses have turned hostile
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
learned Sessions Judge has not properly
scrutinized the dying declaration with care. That the dying
declaration is dictated by interested persons and the learned
Sessions ... pointed out that when there is an
apparent discrepancy in the two dying declaration, it would be
unsafe to convict the accused. It is further
rule of law requires that the dying declaration should be corroborated. If the dying declaration were to be true in this case perhaps that could ... give the dying declaration. The evidence of P.Ws. 1, 2, 3, 4 and 8 does not disclose that the dying declaration
pressed into service by the prosecution is the alleged oral dying declaration made by the deceased before ... Supreme Court has held that inconsistency between the first dying declaration and the subsequent two dying declarations which betrays the possibility of her being amenable
