Penal Code, 1860–Sec. 302–Evidence Act, 1872–Sec. 32–Reliability of dying declaration and prosecution case–Case of administering the poison–First dying declaration was recorded by doctor M (PW 13) and the deceased stated therein that she herself consumed the tablets containing poison–Second dying declaration was recorded by PW 10, and he admitted that the concerned doctor declined to give the certificate of fit mental state–Neither the PW 13 was declared hostile nor the prosecution examined the doctor present at the time of recording the second dying declaration–Testimony of mother of deceased is totally contrary to first dying declaration–Held, case of the prosecution is not free from doubts–Appellant is entitled to be acquitted.
