basis of
Dying Declaration and there cannot be any absolute law that
the Dying Declaration can be the sole basis of conviction,
unless ... makes a dying declaration cannot be
subjected to cross-examination, in order for the dying
declaration to be the sole basis for conviction, it should
analyzing the truthfulness, genuineness of the dying declaration and
should come to a proper conclusion that the dying declaration is not
a product of prompting ... given
certain guidelines while considering a dying declaration:
1. Dying declaration can be the sole basis of
conviction if it inspires full confidence
solely based on dying declaration.
Although there is no absolute rule of law that the dying
declaration cannot form the sole basis for conviction unless ... admissibility of dying declaration: ( Atbir case, SCC pp. 8-9,
para 22)
"22. (i) Dying declaration can be the sole basis of
conviction
conviction has to be based on
the sole dying declaration Ex.PB/2. A dying declaration should
satisfy all the necessary tests and one such ... dying declaration. The courts have cautioned that in view of the fact
that the maker of the statement cannot be cross-examined, the dying
declaration
conviction against her is the dying declaration of the deceased, Rajni, he argued that the said dying declaration is a document which seems ... principles related to dying declaration:-
"(i) There is no absolute rule of law that a dying declaration cannot be the sole basis of conviction
everyone outside the room when the dying
declaration and the FIR respectively were being recorded.
[14] The dying declaration and the FIR are highly
doubtful ... court has to examine a dying
declaration scrupulously with a microscopic eye to find out
whether the dying declaration is voluntary, truthful, made
alleged Dying Declaration or not. So, it is very clear that the alleged
Dying Declaration could not have been treated as the sole document ... makes a dying declaration cannot be subjected to cross-
examination, in order for the dying declaration to be the sole basis for
conviction, it should
makes a dying declaration cannot be subjected to
cross-examination, in order for the dying declaration to be the sole basis for
conviction, it should ... victim on the dying declaration
statement. He endorsed the thumb impression. Ext.-4 is the dying declaration of victim Rubi
Pandit
dying declaration lies on the prosecution.
Prosecution is put to strict proof of dying declaration. If the Court is
satisfied that the dying declaration ... principles relating to dying declaration:
"(i) There is no absolute rule of law that a dying
declaration cannot be the sole basis of conviction
unsafe to act upon such dying
declaration.
(xiii) No doubt, a sole dying declaration is enough to record a
conviction, but, when it is surrounded ... ipso facto render
the dying declaration unacceptable. It was further held that the evidentiary
value of such dying declaration would depend upon the facts
