rival submissions made at the Bar, two
questions really arise for our consideration. (1) Whether
the two dying declarations can be held to be true ... same can be
treated as dying declaration. The two dying declarations
made by the deceased at two different point of time to two
different persons
appears
that the dying declaration of Naushad could not be recorded. Naushad also
passed away on 18.08.2014. The two dying declarations were video-
graphed ... figure in the dying
declarations of Irshad and Islamuddin? Why Islamuddin and Irshad said in
their dying declarations that after a long time, the neighbour
case of multiple dying declarations, it was held as under:
4. The deceased had made four dying declarations: two before the medical officers, one before ... dying declarations and non-mention of certain features in the dying declarations recorded by the Judicial Magistrate does not make both the dying declarations inconsistent
case of multiple dying declarations, it was held as under:
4. The deceased had made four dying declarations: two before the medical officers, one before ... dying declarations and non-mention of certain features in the dying declarations recorded by the Judicial Magistrate does not make both the dying declarations inconsistent
minute scrutiny of a Dying Declaration is
required to be made. In the present case, the
two Dying Declarations in the form of the
complaint ... court must be satisfied that the dying
declaration is truthful. If there are two
dying declarations giving two different
versions, a serious doubt is created
Court or a case of contradictory dying
declarations must unnecessarily result in disbelieving all the dying
declarations.
8. In Shudhakar vs. State of Madhya Pradesh ... last dying declaration, she had
clearly and unequivocally fastened the blame on her husband. In the first
two dying declarations, the deceased had stated that
there is no evidence other than the dying declaration and in this case, there are two dying declarations, which contradict each other.
3. The prosecution ... Court must be satisfied that the dying declaration is truthful. If there are two dying declarations giving two different versions, a serious doubt is created
case of multiple dying declarations it was held as under:
"4. The deceased had made four dying declarations: two before the medical officers ... contradictory dying declarations. The court while appreciating evidence on the basis of such dying declarations is required to take into consideration inconsistencies between two statements
defence of the appellant that
deceased Vandana died of accidental death. When two sets of dying
declarations are contrary to each other, the subsequent dying ... aforesaid
defects and irregularities make both the dying declarations i.e. dying
declaration (Exh.53) and dying declaration (Exh.29) doubtful
dying declarations viz the
dying declaration which is at Exhibit-32 and another dying
declaration which is at Exhibit-66. In both these dying
declarations ... cannot be
placed on any of these dying declarations.
16. Apart from several discrepancies in the dying
declarations, prosecution has failed to establish the
presence
