against the appellants/accused and based their conviction mainly on the two dying declarations for coming to the conclusion that they are guilty of having ... discrepancy in the two dying declarations, as regards the role attributed to the appellant-accused i.e., in the dying declarations Exhibit
careful perusal of both the written dying declarations, it is
abundantly clear that the dying declarations are consistent so far as
role attributed ... appellant husband is consistent in all dying declarations. In
the instant case, written dying declarations are corroborated by two
oral dying declarations
from material contradictions between two dying
declarations therefore, it is unsafe to believe on such
dying declarations.
8. As against this, the learned ... 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
that where there are multiple dying declarations and acceptance of one dying declaration falsifies the other, the dying declarations have to be necessarily rejected ... multiple dying declarations.
13. In all the dying declarations the appellant had been named. There does not exist any inconsistency therein. Dying declarations although
prosecution sought the conviction of the two accused on the basis of two dying declarations of the deceased one of which ... second dying declaration. In our view these are material inconsistencies in the two dying declarations which make both of them unreliable. It was held
that the entire
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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
doubt.
In order to demonstrate that, there are
inconsistency in two dying declarations, the learned
counsel appearing for the appellants made following
submissions ... dying declarations are consistent
with each other and there are no material
contradictions, and therefore, the trial Court has rightly
believed the dying declarations
consistent in both the dying declarations would not make the dying
declarations a reliable piece of evidence. The dying declaration has to
pass ... cases where there are multiple dying
declarations and acceptance of one dying declaration falsifies the
other, the dying declarations have to be necessarily rejected
Hospital to record the dying declaration of the two injured persons. Dr. Prem Narayan (P.W. 15) recorded the dying declarations of the two persons ... validity of the two dying declartions (Exhibits 59 and 60). It is submitted that said alleged two dying declarations were not recorded by the competent
sole basis of a dying declaration, if it is cogent, reliable and truthful. In this case, two dying declarations are not only cogent but also ... case rested only upon two dying declarations. The doctor did not make any endorsement in both the dying declarations. The deceased was profusely bleeding
