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
injuries on 11/05/2005. In all there are four Dying
Declarations.
MULTIPLE DYING DECLARATIONS
06] Out of that, one is recorded immediately ... multiple dying declarations is
clear. The issue is more complicated when there are more than one
dying declarations suggesting of two contrary stories, one
suggesting
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
case of the prosecution is based
on multiple dying declarations viz. three written dying
declarations, two oral dying declarations came on record through
the testimonies ... render the dying declarations void. Dying
declarations must be construed in proper perspective.
22. The veracity of the dying declarations is
proved beyond any shadow
There was no third person present while these dying declarations were recorded. Both the dying declarations are consistent as regards the role played by appellant ... defence, do not affect the truthfulness of the dying declarations. We find that these dying declarations are truthful for drawing confidence in them
said dying declaration
which is marked at Ex.P10 is lengthier than the remaining
three dying declarations. The said dying declaration is
shown ... when there are
multiple dying declarations and that any of the dying
declaration is possible to be interpreted in two ways, then
that interpretation which
evidence of
dying declaration, when there is no other evidence on
record. It is submitted that, the case based upon two dying
declarations, alleged ... another one by Executive Magistrate. The theory
narrated in these two dying declarations on different dates
are contrary to each other and therefore, the Additional
same can be treated as dying declaration. The two dying declarations made by the deceased at two different point of time to two different persons ... much earlier to the dying declaration recorded by the Executive Magistrate, deceased Kamlaben had made three other dying declarations; two dying declarations before witnesses namely
evidence of P.Ws.1 and 2 and the Two Dying Declarations,
which are placed as Exs.P11 and P15, the learned Sessions
Judge ... learned Senior Counsel,
appearing for the appellant would contend that the Two
Dying Declarations which are relied upon by the
prosecution are inconsistent with each
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
