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
friend (Rajni) had not supported the prosecution
case, the two dying declarations PDI and PJI clearly established the
accusations. The accused persons took the stand ... acceptability of the two dying declarations.
The trial court did not place any reliance on the dying declarations.
The discrepancy pointed by the trial court
Pandit was examined as Court witness.
4. Placing reliance on the dying declarations purportedly to
have been made by the deceased, the trial court found ... been offered as to why
there was necessity of recording two dying declarations.
Though there was clear evidence of tutoring, the trial court
upon the dying
declaration and held the accused guilty. In appeal, High Court directed
acquittal.
3
The High Court observed that the dying declaration ... observed as
follows:
"8. There were two dying declarations of Ram Singh - one
oral and the other written - which was recorded by the
Assistant
accused persons were guilty as aforenoted. Reliance was placed on two
dying declarations i.e. Ext.P-12 and Ext.P-14. Questioning their conviction ... present two appeals are by A1 to A3. It is to be noted that there
were three dying declarations. The High Court has given various
difference in the statements made. There are two dying
declarations (Exh.D4 and Exh.D3). Therefore the trial court was not
justified ... That being so, in view of the apparent discrepancies in the two dying
declarations it would be unsafe to convict the appellant.
7. The conviction
statements
made during the investigation. The prosecution, however, relied upon two dying
declarations recorded on 16.7.2000. The first was recorded
nature of dying declarations, one first in point of time must be preferred. Of course, if the plurality of dying declaration could be held ... deal with the plea whether there was in-consistency in the two dying declarations stated to have been made before
essentially was that the dying declarations are not reliable. As
a matter of fact there were four dying declarations recorded;
two were oral and two ... dying declarations are concerned as rightly
observed by the High Court even if Exhibit 36 is kept out of
consideration, the dying declarations both oral
