Dying Declaration—In cases involving multiple dying declarations made by the deceased, which of the various dying declarations should be believed by the Court and what are the principles governing such determination?—Held, the test of common prudence would be to first examine which of the dying declarations is corroborated by other prosecution evidence—Further, the attendant circumstances, the condition of the deceased at the relevant time, the medical evidence, the voluntariness and genuineness of the statement made by the deceased, physical and mental fitness of the deceased and possibility of the deceased being tutored are some of the factors which would guide the exercise of judicial discretion by the Court in such matters—Evidence Act, 1872, Section 32.
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