registered on 14.08.2007. Kamini had died
on 28.08.2007.
We are concerned with two dying declarations ... 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 be affirmed.
There are two dying declarations and the main argument
made is that when the dying declarations are contradictory, then they
should ... rule that a dying declaration recorded by the
police official cannot be acted upon. When there are two dying
declarations, which are in contradiction then
Apex
Court. We find that the trial Court has considered two dying
declarations, facts and the evidence on record. The trial Court
found that there ... contradictions in the two dying declarations.
The trial Court has given its findings and reasons for acquitting
the accused of the charge levelled against
reliance can be placed on the same. He further
contended that two dying declarations of the
deceased are also not corroborated by any
independent quarters ... order contended that, Exs.P.23 and P.45 are
two dying declarations of the deceased-Sujatha.
Among them, Ex.P.23 has been recorded
interference is called for. There are material contradictions in
the two dying declarations, as well as in the depositions of the
witnesses. The appeal ... defence.
26. The contradictions raised by the defence in the two dying
declarations, as regards who had put the kerosene
could not record her statement. It is
evident from the two dying declarations made by the deceased to
doctor and the Investigating Officer
under:
"26. The contradictions raised by the defence in the two dying
declarations, as regards who had put the kerosene ... explanation
furnished with respect to why these two independent persons who
had recorded the dying declarations, would have deposed against
the respondents accused
father PW 1. The victim died on 21st December, 2008. Three dying
declarations were given by the victim two before the doctor ... homicidal. The second dying declaration is not to be believed
and cannot be relied on, as between the said two dying declarations the
victim
convicted on the basis of dying declaration alone but the Court is to
scrutinise the dying declaration carefully and more cautiously and also got
corroboration ... false implication, exaggeration, tutoring etc. In the present case, there are
two dying declarations, one as recorded by Judicial Magistrate and the
other
examine the validity of the three dying declarations made by the
deceased.
17. The first dying declaration made by the deceased Mukesh Devi was
before ... learned Trial Court held that two dying
CRL.A. 674/1999 & 42/2000 Page 19 of 30
declarations proved on record as Exhibit
