Law: Penal Code (XLV of 1860)

Section: 302

Law: Evidence Act, (1 of 1872)

Section: 32

(a) Penal Code (XLV of 1860), S. 302-Witness-Mere remote relationship with deceased in absence of any grudge and remoter of his own-Held, no ground by itself to dub witness as interested. (b) Penal Code (XLV of 1860), S. 302-Witness-Occurrence taking place in public lane-Prosecution not producing any witness of locality-Contention that prosecution had not produced witnesses of locality, and therefore such witnesses should not be believed, held, had no force-Occurrence taking place in a sudden manner non production of passers-by not fatal to prosecution case. (c) Evidence Act (I of 1872), S. 32-Dying declaration---Dying declaration made at time when deceased had no immediate apprehension of death within an hour or so-Such dying declaration, held proper-Statement of person who later on dies-Relevant piece a evidence If statement relates to cause of death or circumstance connected therewith-Penal Code (XLV of 1860), S. 302. The law does not make the admissibility of a dying declaration dependent upon the person having a consciousness of the approach of death. Even if the person did not apprehend the he would die, a statement made by him about the cause an circumstances of his death would be admissible under section of the Evidence Act. Inayat Khan v. Emperor A I R 1935 Lab. 94 ; Pakala Narayana Swami v. Emperor A I R 1939 P C 47 ; State v. Kanchan Singh and another A I R 1954 All. 153 ; Emper v. Permananda Dutt A I R 1925 Cal. 876 ; Emperor v. Karinbhai A I R 1933 Bom. 479(2) and Thakar Singh v. Emperor A I R 1929 Lab. 64 rel. Date of hearing : 22nd August 1972.                                                                                                                                                  JUDGMENT This is an appeal by Bagh Ali appellant against the judgment and order of the learned…