In Brief
The appellant was convicted under Section 302/34 IPC and Section 27 of the Arms Act for firing shots at Mahesh Pandey, resulting in death. The conviction rested solely on the victim's dying declaration recorded by the Judicial Magistrate at the hospital at 11 p.m. on the date of the incident. The appellant challenged the conviction, arguing the absence of a doctor's certificate made the dying declaration inadmissible. The Supreme Court held that a doctor's certificate is not mandatory for relying on a dying declaration. Where the declaration is promptly recorded by a competent officer in the presence of a doctor who confirms the declarant's mental fitness, it can support conviction. The appeal was dismissed.
The lawyer headnote and full judgment text are available to registered users.