In Brief
The appellant was convicted under Section 304 Part II IPC for causing the death of Bhaskar Sahu through bombing, assault with a knife, and acid attack on 28 November 1990. Bhaskar Sahu died in hospital on 25 March 1991. The prosecution relied heavily on a statement the victim gave to police on 5 December 1990 identifying the appellant as the attacker. The appellant contended this statement was inadmissible as a dying declaration since it was recorded months before death. The Court held that statements recorded under Section 161 Cr.P.C. relating to cause of death can be admitted as dying declarations under Section 32(1) of the Evidence Act after the maker's death, regardless of the interval between statement and death. The victim's account was corroborated by injury evidence and witness testimony. The Court affirmed the conviction."
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