Evidence Act, 1872–Sec. 32–Penal Code, 1860–Secs. 302, 323, 34–Conviction–Dying declaration is under challenge–It was recorded by a head constable–No requirement of law that it must be made to a Magistrate–Deceased was found to be mentally fit to give a statement–Further, the evidence of Head Constable was accepted by Court below–Furthermore, the dying declaration was found corroborated with the testimony of eyewitnesses and independent witnesses–Conviction upheld.
