Dying Declaration-- Fit to Make Statement -- 96% Burns and Sedative Administration--Dying Declaration held Unreliable due to Medical Condition -- Acquittal under S.302 IPC
A dying declaration cannot form the sole basis of conviction where the deceased sustained extensive burn injuries, was in poor general condition, and had been administered sedatives and painkillers capable of affecting mental condition. Material inconsistencies between multiple dying declarations, procedural irregularities in their recording, absence of medical endorsement of fitness to make a statement, and failure to examine material witnesses collectively render such declarations unreliable. Under Section 114(g) of the Evidence Act, an adverse inference is liable to be drawn against the prosecution for withholding crucial medical evidence.
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