In Brief
Shama appealed against his conviction for murder (IPC §302/34) based on a dying declaration recorded by a police inspector. He argued the declaration was unreliable because a magistrate did not record it and the deceased was unfit to speak. The Supreme Court upheld the conviction, holding that the dying declaration was properly recorded with medical certification of the victim's fitness. The Court ruled that law does not mandate magistrate recording or specific format for dying declarations. With thumb impression, prompt recording (within two hours), and eyewitness corroboration, the declaration was admissible and reliable. The Court dismissed claims of false police implication lacking any evidence of prior enmity between police and accused.
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