rival submissions made at the Bar, two
questions really arise for our consideration. (1) Whether
the two dying declarations can be held to be true ... 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
case of multiple dying declarations, it was held as under:
4. The deceased had made four dying declarations: two before the medical officers, one before ... dying declarations and non-mention of certain features in the dying declarations recorded by the Judicial Magistrate does not make both the dying declarations inconsistent
minute scrutiny of a Dying Declaration is
required to be made. In the present case, the
two Dying Declarations in the form of the
complaint ... 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
case of multiple dying declarations it was held as under:
"4. The deceased had made four dying declarations: two before the medical officers ... contradictory dying declarations. The court while appreciating evidence on the basis of such dying declarations is required to take into consideration inconsistencies between two statements
dying declarations viz the
dying declaration which is at Exhibit-32 and another dying
declaration which is at Exhibit-66. In both these dying
declarations ... cannot be
placed on any of these dying declarations.
16. Apart from several discrepancies in the dying
declarations, prosecution has failed to establish the
presence
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
two dying declarations of the deceased were recorded. Hon'ble Apex Court while discarding both the dying declarations held that where dying declaration ... evidence in corroboration of the dying declaration. As there is no corroborative evidence in support of the two dying declarations, we think that it will
convicted only on the
basis of the dying declarations in question. These dying declarations
came to be made under circumstances which are suspicious.
However, that ... have ignored these two dying declarations, and
that alongwith the dying declarations made to Gavit, Tolabai and Sonu,
these two dying declarations also ought
adduced on behalf of the accused.
6) Relying upon the two dying declarations, the learned
Sessions Judge while acquitting accused ... 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
