Law:

Section:

Dying declaration-- ----Evidentiary value--It is not requirement of law that dying declaration must necessarily be made to a magistrate or it must be certified by a doctor rather it depends on the facts and circumstances of each case while considering the evidentiary value or weight to such statement. In a proper case a person can be convicted on the basis of a dying declaration and it is not at all necessary to look for corroboration provided the Court is satisfied that dying declaration is a truthful version and not fabricated in any other manner--Prosecution case mainly rests on the ocular evidence, and the evidenciary value of the dying declaration need not be put hard test for relying upon the same as would be the case where the dying declaration is the sole evidence of the conviction cannot be recorded with acting upon the dying declaration--No specific forum has been provided for recording dying declaration and it can be made before a private person--It is also not legal requirement that is must be read over or it must be signed by its maker--The only legal requirement is that it must be independent and free from influence of others--In this manner, a very close scrutiny is needed because such declaration is made in absence of the accused without providing him an opportunity of cross-examination--The sanctity attached with the dying declaration by statute must be respected that a dying person is not expected to tell lie and its veracity cannot be brushed away on the ground that prior to recording such statement a certificate was not obtained by a doctor when the dying declaration is relied upon then it does not require any independent corroboration and conformatory evidence is required only when some discrepancies or infirmities appear in such declaration. AIR 1983 SC 164, AIR 1972 SC 1776, AIR 1958 SC Bomaby 22 & 1992 SCR 294, rel. Criminal Jurisprudence-- ----Principle--Criminal jurisprudence that in case where the evidence of eye-witnesses is reliable and trustworthy any variation appearing in the medical evidence would not effect the ocular version of the eye-witnesses which has to be relied upon. 2005 SCR 66 ref. Dereliction-- ----It is by now…

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