Evidence Act, 1872–Sec. 32–Code of Criminal Procedure, 1973–Sec. 154–Defence plea up to effect that the deceased was not in condition for reporting to the police as alleged–Testimony of doctor revealing that he was alive–His blood pressure could not be detected –However, that by itself does not mean that the deceased was not in a physical condition to make any reporting to the police two hours earlier–Nothing is available on record to show that the deceased shown these symptoms either soon after the incident or when his statement was recorded by PW 8–Held, FIR was rightly relied on by the trial Court as dying declaration of deceased.
