for giving necessary certificate, the dying declaration is the best evidence available against the ac: the court may rely upon such “defective dying declaration” if there is reliable corroboration: It be very unsafe and hazardous to sustain the conviction of the accused charged for offences under section|302 read with Section 34. LP.C. on the basis of dying declaration recorded by a special executive magistrate and police officer separately. It was not sufficient to convict an accused merely because the dying declaration was correctly recorded and it was true version of declarant. The dying declaration must be inspiring confidence when it forms basis of conviction. It is not necessary that dying declaration must be made in presence of magistrate and should be made in the expectation of death. The statement of the deceased was recorded when she was fit and signed the statement in connection with dowry demand case the accused ‘was liable to be convicted under section 304 of LP.C. More theg® one dying declaration: ‘{ Where there are more than one dying declarations and they are inconsistent then it is not possible to pick “out one such declaration wherein accused is implicated and bare the conviction on the sole basis of that dying declaration. There was gap between two declarations, yet they were totally consistent with each other, the dying declaration were held reliable: \ Where two dying declarations, one recorded by the doctor and the other recorded by the Magistrate it “will not be safe to rely on either of the dying declaration. In multiple dying declaration lost dying declaration ‘was not in conformity with FIR and declaration made to police as regards motive for offence is concerfied. Besides, the manner in which the deceased was set on fire was also different in two declarations. It was held that the conviction cannot be based on dying declaration if there are inconsistence’s in three dying declarations the conviction of appellants was held consafe on such evidence. Dying declarations in respect of dowry death and bride burning: in case of dowry death, suicide or bride burning, if death takes place within short period or within three or ‘months the statement of the deceased is admissible. In case of bride burning the doctor to whom the deceased was taken for treatment deposed that soon after the deceased was admitted into the hospital she told him that her husband had poured kerosene on her and set fire to her clothes. ‘The statement was considered as dying declaratios4 In State of U.P. v Harimohan a housewife was in her in- lawshouse. A letter written by her to her father two days prior tothe incident stating therein that she should be immediately taken to back from the house of her in-laws as otherwise her brother-in aw, mother-in law and husband would murder her, was treated as dying declaration) The death by drawing in family well ofa housewife and statement made by her to her father asto her suffering at in-laws house was held tobe relevant. In case of dowry death the dying declaration must be as quickly as possible in medico-legal register by a doctor and to be signed by him. A true copy of the entry shal be signed and certified by the doctor and forwarded through the investigating officer to the court in order toavoid any subsequent tampering, ‘Where the dying declaration was made by a married woman, which was taken down by the Naib Tehsildar. ‘The evidence of the doctor was that she was burnt to the extent of 70% and would have remained capable of speaking only for an hour or two after the incident. On the other hand the post-mortem report was that she was burnt about 80%. It was held that a report prepared after death could not supersede the opinion which was formulated by the doctor when the injured was brought to the hospital. Other witnesses also deposed that her husband had sat her on fire. The conviction was uphold. “Few minutes before her death the deceased made a declaration quietly to her mother naming therein all the three relatives along with the husband who poured kerosene to burn her alive. It was in evidence that the deceased had extensive burn injuries including her mouth, nose and lips. 52