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
trial Court, though is based upon circumstantial evidence
and two dying declarations, but those dying declarations are
clouded with doubtful circumstances and cannot be believed ... appellants.
16. The prosecution story is prominently based on two
dying declarations recorded by P.W.2 Ramdas Kondiba
Kolgane, who is a Naib Tahsildar
material
parts. Both the dying declarations are not reliable and
trust worthy. There is no corroboration to the dying
declarations.
5. The learned counsel ... counsel
submits that there is inconsistency between two dying
declarations, and as such, both the dying declarations
are not reliable and trust worthy.
6. Learned
material
parts. Both the dying declarations are not reliable and
trust worthy. There is no corroboration to the dying
declarations.
5. The learned counsel ... counsel
submits that there is inconsistency between two dying
declarations, and as such, both the dying declarations
are not reliable and trust worthy.
6. Learned
case of prosecution in respect of
dying declaration is concerned, there appears two dying
declarations; one is in recorded form and other
Prosecution case mainly relied upon two dying
declarations. Exhibit-21 is the complaint-cum-dying
declaration recorded by the police, whereas, Exhibit
same must be dismissed.
10. The prosecution case rests upon two dying declarations
Exh.24 and Exh.48. Both the dying declarations are consistent ... appellants accused has vehemently submitted that
there is mark discrepancy between two dying declarations Exh.24
and Exh.48 respectively, however, we do not find
same must be dismissed.
10. The prosecution case rests upon two dying declarations
Exh.24 and Exh.48. Both the dying declarations are consistent ... appellants accused has vehemently submitted that
there is mark discrepancy between two dying declarations Exh.24
and Exh.48 respectively, however, we do not find
said dying declaration to the Police Station, Chakur on 23.01.2012.
At the time of recording of the above mentioned two dying
declarations, Poonam was examined ... endorsement on both the
dying declarations and certified about conscious state of mind of
deceased Poonam while recording her dying declarations. Learned
respectively. There are material inconsistencies and
variation in the two dying declarations. The trial court has
accepted one statement and discarded another while convicting ... crapl437.13
-11-
12. The prosecution case rests upon two dying declarations in
writing and three oral dying declarations. Dying declaration
Exhibit 32 came