Law: Evidence Act (I of 1872)

Section: 32

Law: Penal Code (XLV of 1860)

Section: 302

(a) Evidence Act (I of 1872), ---S. 32-Dying declaration, evidentiary value of-Not at par with evidence given in Court Sanctity attached to dying declaration-Depends upon circum stances of each case and varies from man to man-Trial Court convicting accused persons (7 in number) relying on uncorroborated dying declaration and testimony of inimical prosecution witnesses already found exaggerating matters-Relationship between both parties found embittered stretching over years and having given rise to many incidents-Held: Not safe to base conviction on such uncorroborated dying declaration and same cannot be placed at higher pedestal than testimony of interested witnesses in circum stances-Penal Code (XLV of 1860), S. 302. The rule that "corroboration is necessary before a conviction is based on the testimony of interested witnesses" cannot be diluted merely because the trial Court feels that there is a ring of truth in the story told by the prosecution witnesses. If it is left to the feeling of each trial Court to decide as to whether or not in a case where interested witnesses are appearing, there is a ring of truth in the prosecution story, the result would be disastrous. There would then be the danger of a case being decided on the basis of the subjective satisfaction of the trial Court and not on the basis of the probabilities of a case appearing from the record. The question whether an injured person who has a feeling that he is crossing the frontier of life into the world hereafter, is making a particular statement on account of fear of God or is motivated by malice for his enemies who may actually be innocent, relates essentially to his own inner feelings and can be determined by reference to the evidence on the record and the circumstances appearing in the case by a process of reasoning peculiar to the Courts of law. A dying declaration is not a piece of evidence at par with that given in Court where cross-examination can bring out the weak points of the witness and expose the falsity of his state ment. The consideration for which some sanctity is attached to the dying declaration is that a man while he is preparing to face his Maker will not…