Evidence Act, 1872–Sec. 32–Multiple dying declarations–Consideration by the Court–Governing principles-
(1) These should be voluntary and reliable and should be in a fit mental state of mind.
(2) All dying declarations should be consistent.
(3) When inconsistencies are found between various dying declarations, other evidence available on record may be considered for the purpose of corroborating of the contents of dying declarations.
(4) The statement treated as a dying declaration must be interpreted in light of surrounding facts and circumstances.
(5) Each statement must be scrutinized on its own merits–The Court has to examine upon which of the statements, reliance can be placed in order for the case to proceed further.
(6) When there are inconsistencies, the statement that has been recorded by a Magistrate or like higher officer can be relied on subject to the indispensable qualities of truthfulness and being free of suspicion.
(7) In the presence of inconsistencies, the medical fitness of a person making such declaration, at the relevant time assumes importance along with other factors such as the possibility of tutoring by relatives, etc.
