crucial aspect of the matter which, the prosecution has not been able to
explain or clarify.
42.
In such circumstances referred to above, we are left with either to
believe the dying declarations or the oral evidence of the two so called eyewitnesses to the incident. It is also important to note that the PW-4 Soni, in
her cross-examination has stated that to the best of her knowledge,
Islamuddin and Naushad had fastened the latch from inside. If the door of
the room, in which the deceased persons were sleeping was closed from
inside, then how did the appellant-convict manage to open the door and
enter the room so as to set the room on fire as alleged?
43.
The juristic theory regarding the acceptability of a dying declaration
is that such declaration is made in extremity, when the party is at the point
of death and when every hope of this world is gone, when every motive to
falsehood is silenced, and the man is induced by the most powerful
consideration to speak only the truth. Notwithstanding the same, great
caution must be exercised in considering the weight to be given to this
species of evidence on account of the existence of many circumstances
which may affect their truth. The situation in which a man is on the
deathbed is so solemn and serene, is the reason in law to accept the veracity
of his statement. It is for this reason, the requirements of oath and crossexamination are dispensed with. Since the accused has no power of crossexamination, the courts insist that the dying declaration should be of such
a nature as to inspire full confidence of the court in its truthfulness and
correctness. The court, however, should always be on guard to see that the
statement of the deceased was not as a result of either tutoring or prompting
or a product of imagination. [See: Laxman v. State of Maharashtra, (2002)
6 SCC 710]
22
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