dying declaration and the oral testimony.
20. The Apex Court in several cases also held that
dying declaration and its appreciation and whether
conviction solely ... that
form of dying declaration is also not necessary and even
verbal dying declaration can be made and the dying
declaration by signs and gestures
Supreme Court deals with certain conditions precedent when the dying declaration is made a sole basis for conviction. In paras ... third decision is to the effect that where a dying declaration was the sole basis for awarding conviction and when the same was found
said evidence, it is not clear
that the dying declaration was properly recorded and dying
declaration is trustworthy for acceptance. Hence ... doubt satisfactorily that the oral dying
declaration and written dying declaration can be made use
of as a sole basis for recording conviction. Therefore
negligent while recording the dying
declaration.
16. Number of times, a young girl or a wife who makes
the dying declaration could be under ... dying declaration,
after the victim succumbed to the injuries. There can be no dispute
that the dying declaration can be the sole basis for conviction
State By Women Police Station vs B V Kumar S/O Eerojirao @ B Veerappa on
found in a bush at the scene of occurrence and on
that sole ground of seizure of knife, it cannot be believed
without any supporting ... prosecution is based on Ex.P14, being the dying
declaration, but the same has not been proved in accordance
with law. He further contends
dying declaration
and its admissibility and reliability could be usefully
summed up as under:
21.1. A dying declaration could be the sole basis of
conviction ... said
appeal also had involved inter alia, a dying declaration at
Ex.P-22 as the sole basis for conviction. The Hon'ble Apex
guard in relying solely on such dying declaration. It
was further held that dying declaration can be the sole basis of
conviction, provided that inspires ... bring any dent on the dying
declaration. The Trial Court was in grave error in disbelieving
the dying declaration on the ground that the same
impugned judgment and order, convicted the accused solely
based on the dying declaration/Ex.P23 and the evidence of the
official witnesses. The accused ... Court summed up the principles governing the dying
declaration as follows:
"18. Though a dying declaration is entitled to
great weight, it is worthwhile
appreciated and closely scrutinized.
27. Dying Declaration where held not reliable: The
manner of recording dying declaration is doubtful, and it
cannot be relied upon ... rested solely on the basis of such
doubtful dying declaration. If the dying declaration was
recorded in presence of the relatives of the deceased
