- Conviction can be based on a dying declaration recorded properly when declarant is in a fit mental condition to make it. It should be truthful and voluntary. Deceased (wife of accused who allegedly set her on fire) was in a fit mental condition to make a dying declaration and, therefore, her dying declaration can be relied upon. As all these tests are satisfied in present case and dying declaration was found credible and corroborated, reversal of acquittal of accused, confirmed
Posted on: Mon, 10 Mar 2014 17:39:24 +0000
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