Bombay High Court
Sanjay Radhesham Ruhatiya
Versus
State of maharashtra
Decided On:

Headnote:Section 32-Dying declaration -If there are more than one dying declaration they should be consistent.-A dying declaration should satisfy all the necessary tests and one such important test is that if there are more than one dying declarations, they should be consistent particularly in material particulars. Where there was no consistency in all the three dying declarations given by the deceased the irresistible conclusion was that the dying declarations were inconsistent arid in such situation one cannot just pick up one dying declaration and base the conviction on the sole basis of the said dying declaration. It is well settled that the maker of the dying declaration cannot be cross-examined and, therefore, such staten1ents should be carefully scrutinised by the court. It is highly unsafe to convict the accused on the sole basis of dying declaration recorded by the Executive Magistrate, Akola which was inconsistent with the earlier two dying declarations. The conviction and sentence passed for offence under Section 304, Part II, IPC quashed.

       For Citation : 2000 (2) MhLJ 3 (Bom) (AB)