A. Indian Evidence Act, 1872 (1 of 1872), Section 32(1) – Dying declaration -- Once a dying declaration is found to be authentic inspiring confidence of the court, then the same can be relied upon and can be the sole basis for conviction without any corroboration -- However, before accepting such a dying declaration, court must be satisfied that it was rendered voluntarily, it is consistent and credible and that it is devoid of any tutoring.

(Para 25)

B. Indian Evidence Act, 1872 (1 of 1872), Section 32(1) – Dying declaration -- Unless the evidence tendered is tested by cross-examination, it is not creditworthy -- Section 32(1) of the Evidence Act is an exception to this general rule.

(Para 29)

C. Indian Penal Code, 1860 (45 of 1860), Section 302, 34 -- Indian Evidence Act, 1872 (1 of 1872), Section 32(1) – Murder -- Dying declaration -- Attending doctor certified that the deceased was capable of narrating her statement -- Substance of the dying declaration is also borne out by the medical history of the patient recorded by the doctor which has also been proved in evidence -- Though there are inconsistencies and improvements in the version of the prosecution witnesses, there is however convergence with the core of the narration of the deceased made in the dying declaration and the medical history recorded by the doctor -- No reason to doubt the correctness of the dying declaration -- Evidence on record, particularly Ex. 59/ dying declaration clearly establishes the guilt of the appellant beyond all reasonable doubt -- Appellant held guilty.

(Para 35-37)