Dying Declaration–Appreciation of truthness–Deceased sustained 100% burn injuries–This court found the following infirmities in dying declaration- (1) Doctor issuing the certificate of fit mental state was not present.
(2) Deceased made the statements in mixed Hindi/Punjabi, however, the statement was recorded in Hindi.
(3) Deceased sustained 100% burning injuries, hence it is highly doubtful that how she put her thumb impression below the statements.
(4) No endorsement by a doctor about the fit mental state at the time of recording statements.
(5) No certificate was issued by an executive magistrate that the dying declaration was made voluntarily and the statements were read over to the deceased.
(6) Medical evidence showing that the deceased was in the influence of fortwin and pethidine injunctions and was not supposed to be having normal alertness.
(7) Dying declaration was not found in question-answer form and deceased was not in such condition to make a statement at a stretch without asking any question.
Held the dying declaration can not be held the sole basis of conviction.
