Penal Code, 1860–Secs. 302 & 456–Conviction–Sustainability of–Conviction based on dying declaration–Ample opportunities were available to Investigation Officer to have the assistance of the Magistrate, however, no effort was made–Witness PW. 6 stated that the deceased was not in the position of speaking–PW 9 improved his statements–Corrections were made in the dying declaration at the place of deceased injured and at the place of deceased injured and at the place of Sec. 302, Sec. 307–Fabricated dying declaration–No eye witness of incident–Possibility that the deceased took the poison accidentally–Held, the conviction cannot be sustained.
