Penal Code, 1860–Secs. 302/149, 364/149 & 148–Evidence Act, 1872–Sec. 32–Conviction–Based on dying declaration–Doctor stated that what was recorded by police, is not in his knowledge and signatures of deceased at the points C to D were not taken in his presence–Dying declaration was alleged to be written by the munshi but his name was not disclosed–Defence deprived from asking the questions of the person whose handwriting was found in dying declaration–Witness also admitted that the statement was not reduced in question-answer form–Held, it is highly unsafe to rely upon the dying declaration–Conviction set aside.
