Dying Declaration is substantial, yet cannot be the sole piece of evidence: SC

The Supreme Court (SC) acquitting a death row prisoner reiterated precautions to be exercised while relying on Dying Declaration (DD) of the victims. The SC noted that DD is substantial piece of evidence provided it is proved that it was voluntary, truthful and made in a fit state of mind. On the basis of two DDs, both the Sessions Court and the Allahabad High Court held the accused guilty. However, the SC held that DD alone cannot be relied as there were discrepancies between them and other eye-witness statements.