AIR 1976 SUPREME COURT 1782 ::1976 Cri App R (SC) 247 ::(1976) 4 SCC 351 ::1976 UJ (SC) 652 ::1976 SCC(Cri) 625 ::1976 SC Cri R 299

Supreme Court Of India

(From:- Gujarat)*

Hon'ble Judge(s): R. S. Sarkaria, P. N. Shinghal , JJ

(A) Evidence Act (1 of 1872) , S.32— Dying declaration recorded by doctor - Evidence of doctor - Value of. The Doctor is the best person to opine about the fitness of the deceased to make the statement. Where the Doctor found that life was ebbing fast in the patient and that there was no time to call the police or a Magistrate. The Doctor, held, was justified - indeed, he was duty bound - to record the dying declaration of the deceased. He was a disinterested, respectable witness. The Trial Judge was therefore, wholly unjustified in rejecting the evidence of the Medical Officer.(Para 11) (B) Criminal P.C. (5 of 1898) , S.423— Appeal against acquittal - Offence under Section 302 - Prosecution case based on ocular account of eye witnesses and a dying declaration recorded by medical officer - Trial Court rejecting dying declaration and discarding evidence of eye witnesses on flimsy grounds - High Court held was justified in reversing the acquittal of the accused. Judgment in Criminal Appeal No. 25 of 1970, D/- 21/22-7-1971 (Guj), Affirmed. (Para 17) .....