Penal Code, 1860–Sec. 302–Evidence Act, 1872–Sec. 32–Only evidence of parcha bayan and dying declaration which does not bear any certification that the patient was in a fit condition to give such statement–Case of 98% burning–Such satisfaction was also not recorded by the Magistrate–Prosecution did not prove the complete bed head ticket of the patient–Remaining flaps of bed ticket revealing that the blood pressure and pulse of the patient were not recordable–Serious doubt on the aspect as to whether the deceased was actually in a mental or physical fit condition to give the statement–No corroborative independent evidence–Appellants are entitled to be acquitted.
