second dying declaration with names of eye
witnesses-Despatch of FIR after recording of second dying
declaration-Contradictions in two dying declarations-Inves-
tigation ... There are contrasting features in the two dying
declarations. The presence of PW.3 and PW.4 at the scene of
occurrence had not been
deceased in her dying declarations, the impugned judgment can be
sustained in law.
3. The deceased had made four dying declarations; two before the
medical ... whom the aforementioned purported dying
declarations were made. From a bare perusal of their depositions in regard
to recording dying declarations of the deceased
witness Hazari P. W. 3 and two witnesses before whom Shivlal
is alleged to have made two dying declarations. There are
apparent contradictions between ... other piece of evidence which the prosecution relied
upon was the two dying declarations made by Shivlal to
Gyaniram P. W. 4 and Jora
inasmuch as : (1) the
deceased had not named the appellant in two dying declarations; (2) an
improvement was made by the deceased ... benefit of doubt. He was not named
in the first two dying declarations. He was named only in the 3rd dying
declaration. No injury
witness the occurrence. He was also not satisfied that the two dying declarations Ext. 9 also treated as first information report and Ext. 4 recorded ... wise to reject the dying declaration;
12. We have minutely, examined the infirmities in the two dying declarations as pointed out by Mr. Kohli
claim to have heard the dying declarations from the deceased. He has also found the dying declarations recorded by the police officer and the Magistrate ... intelligible and coherent dying declaration.
12. The other dying declarations can now be seen in the light of these two recorded dying declarations
Deepak Yadav vs State (Govt Of Nct Of Delhi) on 23 February, 2018
Author: Siddharth
dying declarations should
be believed by the Court and what are the principles
governing such determination. This becomes important
where the multiple dying declarations made ... second
dying declaration, which raises a doubt in our mind regarding the
truthfulness of the dying declarations. Further, in the second dying
declaration three persons
admissibility of the dying declarations. Learned Counsel submits that where there are more than one dying declarations, the same must be tested on the basis ... said dying declarations cannot be relied upon.
8. Learned Counsel for the appellants also contends that the trustworthiness and credibility of dying declarations should have
apeal 506.15
15. This takes me to the two dying declarations (Exhibit-16 and
Exhibit-36) being heavily relied upon by the prosecution. Even ... Additional Sessions Judge has based the conviction primarily by believing
these two dying declarations. To repeat, Dr. Kazi (PW-2) has stated that
