Dying Declaration--Death by Burning--Suppression of Earliest Dying Declaration suggesting accidental fire-- Acquittal under S.304 Part-II IPC
When multiple dying declarations exist, the earliest declaration recorded by a doctor at the time of admission carries greater evidentiary weight, particularly when it is corroborated by independent witness testimony. Suppression of such a declaration by the prosecution vitiates reliance on later inconsistent statements. A conviction based solely on subsequent dying declarations, while ignoring the first and material declaration, is unsustainable. Further, failure to put incriminating material to the accused during examination under Section 313 CrPC is a procedural infirmity that compounds the defect in trial.
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