Evidence Act, 1872 - Section 32 - Dying declaration - Evidentiary value of in absence of medical certification that deceased was in a fit state of mind to make the declaration - Held, where it is proved by the testimony of witnesses that the declarant was fit to make the statement, such declaration can be acted upon if voluntary and truthfal.

Appellant-accused was convicted by Courts below, relying on the dying declaration of the deceased, the evidence of the Magistrate before whom the statement was made and on the certificate of the doctor.

In appeal to this Court appellant, relying on Paparmbaka Rosamma's case, contended that the dying declaration was not reliable since the doctor had not certified to the effect that the patient was in a fit state of mind to make statement. Respondent, relying on Koli Chunilal Savji's case, contended that in the absence of such certification the dying declaration could not be ignored if materials on record indicate that the deceased was conscious and capable of making the statement. Since the two judgments relied on by the parties were contradictory to each other, the question of reliability of dying declaration was referred to the Constitution Bench.