2012 CRI. L. J. (NOC) 574 (BOM.) (AURANGABAD BENCH) ::2012 (5) AIR Bom R 313 ::(2012) 3 BomCR(Cri) 742 ::(2012) 2 DMC 681 ::(2012) 2 Mh LJ (Cri) 518 ::2012 AllMR(CRI) 859

Bombay High Court ( Aurangabad Bench )

Hon'ble Judge(s): S. B. Deshmukh, A. M. Thipsay , JJ

(A) Indian Penal Code (45 of 1860) S. 300 — Evidence Act (1 of 1872), Ss 158, 32 — Multiple dying declarations — Death due to burn injuries — Victim in her earlier two dying declarations recorded by police and executive Magistrate stating that she caught fire accidently — In subsequent dying declarations victim implicating her father-in-law and mother-in-law — Dying declarations giving history of accidental burns were avoided by prosecution — Failure of prosecution to indicate that dying declaration relied upon by it should be preferred over previous dying declarations — In absence of any material to show why any particular dying declaration should be preferred over others it would not be possible to form any belief about truth of version in any such dying declaration — Principle recognized by S 158 would apply — Accused entitled to acquittal {" In this case a young woman died due to burn injuries. There were multiple dying declarations. Apart from the reliability of the evidence of persons who are witnesses to dying declaration, the reliability of the version of the maker also would be open for examination and scrutiny. It may be observed that the maker of a dying declaration is not exempt from the attack that might be made on his version, had he appeared as a witness, and advanced such version. Section 158 of the Evidence Act exposes the statements relevant under Section 32 or 33 of the Evidence Act to the ....