Dying Declaration -- Extensive Burn Injuries -- Mental fitness, not extent of burns, determines admissibility under Section 32 Evidence Act
Indian Evidence Act, 1872, S.32(1) -- Dying Declaration -- Extensive Burn Injuries -- The percentage of burn injuries suffered by a declarant does not determine the admissibility or reliability of a dying declaration -- The decisive test is whether reliable evidence shows the declarant was mentally fit and capable of making the statement at the time -- A dying declaration is liable for rejection only if the declarant was unconscious or otherwise incapable of making a statement -- A truthful and voluntary dying declaration can form the sole basis of conviction without corroboration, and one recorded by a Judicial Magistrate carries higher evidentiary value.
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