Penal Code, 1860–Sec. 302–Evidence Act, 1872–Sec. 32–Reliability of the prosecution case–Person who recorded the dying declaration, did not appear before the Court–Certificate of doctor as to the fit mental state was not given–Dying declaration is not established–Investigation Officer did not recover the utensil or has not done the investigation with regard to the possession of aluminum phosphide with the accused-appellant–Theory of prosecution borrowing the money to the appellant is also not established–As to what time, the deceased was called and as to what time he returned, is not clear–Circumstances are not established–Trial Court committed error in convicting the appellant.
