Legal Question in Criminal Law in India
my question is regarding dying declaration. in one case married woman burned then she was hospitalized there police came and took her statement at first time she stated that she burn herself and nobody put her on fire. but after giving this statement police left from there after that the brother of that woman came and asked about the incident then she told him that her husband threatened her if she would tell the truth to police he will kill her two daughters twin that's why she gave false statement to police. after knowing this fact her brother lodged a complaint that due to threatening by husband my sister gave false statement regarding her burn. therefore again dying declaration changed and came on record that her husband set her to fire. so my question is, -
can this second dying declaration be valued judicially?
3 Answers from Attorneys
If there r two dying declarations it gives suspicion and required to proved by some independent witness
In case of more than one dying declaration contradictory to each other, then entire same creates doubt.
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