Evidence Act, 1872–Secs. 32(1) & 60–Dying declaration–Reliability–An unnamed doctor’s opinion was sought to be brought on record through the cross-examination of the doctor who conducted the post-mortem of the deceased–This is impermissible due to interdict in Sec. 60 of Evidence Act–Remaining portion of his testimony including on the cause of death of the victim is admissible–Doctor stated that the cause of death was septicemia caused by the burn injuries sustained by her–Dying declaration up to effect that the respondent poured the kerosene and set the fire–Further, statement that the respondent raped her before setting her on fire–Dying declaration was voluntarily and true–Impugned judgment of High Court cannot be sustained.
