Evidence Act, 1872–Sec. 32–FIR was lodged by deceased–Whether can be treated as the dying declaration?–From the examination in chief of witnesses, it is evident that the deceased was conscious and he in a state to lodge the FIR–These witnesses denied in cross-examination having any knowledge about the persons who attacked the deceased and turned hostile–However, their testimony prior to cross-examination can be relied upon–Deceased clearly named both the appellants as assailants and gave the clear details of the incident–FIR is to be treated as dying declaration.
