Criminal Trial–Dying declaration–It was recorded by Naib Tehsildar who was informed vide a memo by police authorities–However, the memo was never produced before the Court–Further, he deposed that certificate of mental capacity was taken from the doctor–But the certificate no where states that the deceased was in fit and stable mental condition–Further, no explanation in regard to causing the delay of one day for making it the base of FIR–Evidence of dying declaration cannot be held reliable.
