Penal Code, 1860–Sec. 302–Evidence Act, 1872–Sec. 32–Acquittal –Appreciation of–Only evidence of dying declaration–Contradiction between the parcha bayan and dying declaration–Possibility that the second statement i.e. the dying declaration was made as an afterthought–No endorsement of the fit mental state of the deceased–Death was alleged to be caused in the ambulance while bringing the deceased to the referred hospital at Kota and no member of her matrimonial family was present in the ambulance–Possibility of tutoring–No independent witnesses–Held, acquittal was justified.
