statement under
Section 161, Cr.P.C.
8. We find only two dying declarations are on record, the second one
mentioned above was not brought ... dying declarations. It is not the plurality of the dying
declarations but the reliability thereof that adds weight to the
prosecution case. If a dying
second statement was recorded by the police
two days thereafter and in both these two dying declarations
she stated that she had been burnt accidentally ... earlier dying declarations and
inculpated the appellant and as such there appeared to be
great uncertainty in the veracity of the dying declarations. It
also
prosecution alleges that while she
was in the Medical College Hospital, two dying declarations of
hers were recorded; one by Head Constable Karunakaran Nair ... second dying declaration.
This fact has some relevance while appreciating the correctness
of the two dying declarations because if really she was
conscious
order to prove its case the
prosecution relied upon the two dying declarations Exhs. p.5
and p.7 made by the deceased ... dying
declaration and thereby try to involve some more persons as
the assailants.
The evidence of the eye-witnesses and the two dying
declarations clearly
hour of the first dying declaration.
The High Court noticed that there was variation between the two dying declarations
1
about the manner in which ... dying declaration have already been recorded by the Magistrate.
It is not a case where the variation between the two dying declarations is of trivial
hour of the first dying declaration.
The High Court noticed that there was variation between the two dying declarations
1
about the manner in which ... dying declaration have already been recorded by the Magistrate.
It is not a case where the variation between the two dying declarations is of trivial
that of the two dying declarations of Sukhari deceased. It, therefore, remains to consider whether these dying declarations are such as can be Implicitly relied ... Mahatam.
7. Considerable criticism was directed against the two dying declarations made by the deceased In the first place it was contended that the report
evidence.
19. Insofar as oral dying declarations are concerned, victim Saroj made three dying declarations, one before the father, one before the doctor ... dying declaration was recorded by P.S.I. Chavda followed by written dying declaration by the Executive Magistrate and followed by two oral dying declarations
deceased at two different points of time to two different persons, corroborate each other and there was no inconsistency in those two declarations made. Having ... 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
oral dying declarations were
statedly made by the deceased and the two dying
declarations Ex.PW13/2 and Ex.PW14/1, the learned ... recording dying declaration Ex.PW14/1 by the SDM on
13.07.1996 at about 7.10 PM. The manner in which the two
dying declarations
