basis of conviction unless it is corroborated. The rule
requiring corroboration is merely a rule of prudence. …”
(Emphasis supplied)
58.
This Court in Nallapati Sivaiah v. Sub-Divisional Officer, Guntur,
Andhra Pradesh reported in (2007) 15 SCC 465 and Bhajju alias Karan
Singh v. State of Madhya Pradesh reported in (2012) 4 SCC 327 had
explained the meaning and principles of dying declarations upon which its
admissibility is founded, with the following observations: “20. There is a historical and a literary basis for recognition
of dying declaration as an exception to the hearsay rule. Some
authorities suggest the rule is of Shakespearian origin. In The
Life and Death of King John, Shakespeare had made Lord
Melun utter “Have I met hideous death within my view,
retaining but a quantity of life, which bleeds away, … lose the
use of all deceit” and asked, “Why should I then be false, since
it is true that I must die here and live hence by truth?” William
Shakespeare, The Life and Death of King John, Act 5, Scene 4,
lines 22-29.
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xxx
xxx
22. It is equally well settled and needs no restatement at our
hands that dying declaration can form the sole basis for
conviction. But at the same time due care and caution must be
exercised in considering weight to be given to dying
declaration inasmuch as there could be any number of
circumstances which may affect the truth. This Court in more
than one decision has cautioned that the courts have always to
be on guard to see that the dying declaration was not the result
of either tutoring or prompting or a product of imagination. It
is the duty of the courts to find that the deceased was in a fit
state of mind to make the dying declaration. In order to satisfy
itself that the deceased was in a fit mental condition to make
the dying declaration, the courts have to look for the medical
opinion.
23. It is not difficult to appreciate why dying declarations are
admitted in evidence at a trial for murder, as a striking
30
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