record, held that from the
prosecution evidence and particularly from two
dying declarations said to have been recorded
by PW 5 Ramchandra, Special Judicial
Magistrate ... Manohar
Vayse did not support the case of the
prosecution, from two dying declarations, it
was clearly established that the accused had
committed offences punishable
ocular testimony of PWs 1 and 3, placing reliance on the two dying declarations Ext. Ka-11 and Ext. Ka-3 recorded ... butt in an effort to get the gun and that the two dying declarations Ext. Ka-3 and Ka-11 said to have been recorded
rejection of the dying declaration made to PW-5 is
concerned.
Left with two other dying declarations, the High Court found that these two dying ... 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
after her parents had left.
It cannot be disputed that the two dying declarations are not
consistent with each other. The complicity of the appellant ... family. In fact, the learned Trial
Judge noticed that except the two dying declarations, there was
no other evidence before the Court to prove that
dying declaration, unauthorisedly recorded by Shri Damodar
Prasad Mahure, the ASI (PW.19), subsequently. Where there
are two dying declarations, the first dying declaration recorded ... more
than one dying declaration, they should be consistent. In case
of inconsistencies between two or more dying declarations
made by the deceased, the Court
that the entire
18
prosecution case was hinging upon the two dying declarations said to have
been made by the deceased Sher Singh ... Rajesh
respectively.”
12.5. The Trial Court found that the two dying declarations inspired
confidence and were worthy of reliance while observing that the same were
recorded on 22.12.2011 and there was a gap of two days
between the two dying declarations. The High Court instead
of relying on the dying ... dying
declaration and the problem of multiple dying declarations
in detail. It was observed and held that merely because
there are two/multiple dying declarations
committed any error in relying on the dying declaration.
For relying on the first two dying declarations of deceased cogent reasons
have been given ... dying declaration, now we may
examine the issue that in cases involving multiple dying declarations made
by the deceased, which of the various dying declarations
which police finally
submitted final report.
The complainant relied strongly on two dying
declarations, one oral declaration, as aforesaid, dated 6th
November ... placed on the said
two dying declarations.
In the present case, as aforesaid the dying
declaration was after two months of the alleged incidence
fate as the
written dying declarations of the deceased. To buttress his submission that where there are
multiple dying declarations and each one is inconsistent ... involving multiple dying declarations made by the deceased, the question that
arises for consideration is as to which of the said dying declarations ought
