Supreme Court of India
Brundaban Moharana & Anr. v. The State of Orissa
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What the Court ordered
We are of the opinion that in the light of the aforesaid statement as the very capacity of the injured to make a statement was in doubt, some support could have been found by the prosecution had the attending doctor been examined or an endorsement taken from G him that the injured was fit to make a statement.
Judgment, page 5
From the headnote
IND/AN PENAL CODE, 1860: s. 302134 - Death of a married woman by bum injuries - Conviction by trail court of in-laws of deceased on the basis of dying declarations - High Court though discarding one dying declaration, but affirming the convictiqn relying on the dying declaration which was recorded by 1.0. uls.161 CrPC ~ Held: In a murder case, no presumption in favour of thd prosecution arises - The primary pieces of evidence against the accused are the two dying declarations, one made to PW- 8 which has been disbelieved by the High Court and the other to PW-9, the 1.0., which has been relied
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