of the accused may be unnatural because he was residing in the very same
house, however, the conduct which may be a relevant fact under Section 8
of the Indian Evidence Act, 1872 (for short, ‘the Act 1872’), by itself may
not be sufficient to hold a person guilty of the offence of murder.
47.
On overall assessment of the materials on record, we have reached to
the conclusion that neither the two dying declarations inspire any
confidence nor the oral evidence of the PW-2 and PW-4 respectively inspire
any confidence. Had the dying declarations stood corroborated by the oral
evidence of the PW-2 and PW-4, then probably, it would have been
altogether a different scenario. However, as noted above, the two dying
declarations are not consistent or rather contradictory to the oral evidence
on record.
48.
The justification for the sanctity/presumption attached to a dying
declaration, is two fold; (i) ethically and religiously it is presumed that a
person while at the brink of death will not lie, whereas (ii) from a public
policy perspective it is to tackle a situation where the only witness to the
crime is not available.
49.
One of the earliest judicial pronouncements where the rule as above
can be traced is the King’s Bench decision of the King v. William
Woodcock reported in (1789) 1 Leach 500 : 168 ER 352, where a dying
woman blamed her husband for her mortal injuries, wherein Judge Eyre
held this declaration to be admissible by observing: "…the general principle on which this species of evidence is
admitted is, that they are declarations 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 silent, and
24
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