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17. Learned Amicus Curie for the accused-appellant further argued that in the present case the prosecution has failed to prove that due to an act on the part of the accused-appellant of pouring kerosene oil on Rajni, she died, rather the true fact is that due to financial condition and depression, she herself committed suicide by her own solitary act. In the present case, dying declaration is a suspicious document and it is a result of prompt act by her mother and father. He further submits that the statement of deceased-Rajni which was recorded on 14.6.2012 (which is treated as dying declaration) is a suspicious document.

"before, during and after statement, the patient was conscious and oriented. So the arguments advanced by learned Amicus Curiae for the accused-appellant that the doctor has not given a certificate to the effect that dying declaration was recorded in conscious and sound state of mind of the deceased and that the dying declaration is a suspicious document and cannot be read as evidence has no force".

22. In reply to the arguments made by learned counsel for the respondent, learned Amicus Curie relying on the judgment given by Hon'ble Apex Court in the Case of (Prem Kumar Gulati Vs. State of Haryana & Anr.) reported in [(2014) 14 SCC 646] and argued that a dying declaration may be formed, the sole basis of conviction even though it is not corroborated. He further argued that it cannot be laid down as an absolute role of law that a dying declaration cannot be formed sole basis of conviction unless it is corroborated and further that each case must be determined and it is owned fact, keeping in view of the circumstances in which the dying declaration was made. Thirdly, it cannot be laid down as a general preposition that a dying declaration is a weaker kind of evidences than other piece of evidence. Fourthly, dying declaration stands on the same footing as another piece of evidence and has to be judge in the light of surrounding circumstances and with reference to the principle governing the weighing of evidence. Fifthly, that a dying declaration which has been recorded by a competent Magistrate in the proper manner i.e. to say in the form of question and answer and practicable in the words of the maker of declaration stands on a much higher foot than a dying declaration. Sixthly, that in order to test the reliability of the dying declaration, the court has to keep in view the circumstances like the opportunity of the dying man for observation. For example, whether there was sufficient light if the man committed crime in the night, whether the man has not been impared at that time, he was making statement, etc.

60. The arguments of the learned Amicus Curiae is not tenable. The learned trial court therefore, has convicted the appellant-accused solely under Section 302 I.P.C. on the basis of facts proved by evidence.

Question No.2- The reliability, credibility and veracity of dying declaration

61. Learned Amicus Curiae in defence has vehemently pressed that the sole basis made by the trial court for conviction against her is the dying declaration of the deceased, Rajni, he argued that the said dying declaration is a document which seems to be suspicious as well as prompted by the mother of the deceased and devoid of any legality for want of proper recording. Further, he argued that at the time when dying declaration is said to have been recorded the victim Rajni was under the effect of sedative drugs and was not conscious so as to understand the questions and give their reasonable answers.