AIR 1972 SUPREME COURT 1776

Supreme Court Of India

(From : Gujarat)

Hon'ble Judge(s): A. N. Ray, D. G. Palekar , JJ

(A) Constitution of India , Art.136— Appreciation of evidence - When the High Court accepts a piece of evidence as true, Supreme Court in appeal by special leave does not examine the evidence afresh for itself unless there is substantial error of law or procedure or there state a failure of justice by reason of misapprehension or mistake in reading the evidence or the case involves a question of principle of general importance. Criminal Appeal No. 120 of 1963, D/- 10-8-1965 (SC) and AIR 1970 SC 1566, Rel. on. (Para 9 13) (B) Evidence Act (1 of 1872) , S.32— Evidentiary value of dying declaration - If the Court is satisfied on a close scrutiny of the dying declaration that it is truthful it is open to the court to convict the accused on its basis without any independent corroboration. (Para 9) A dying declaration must be closely scrutinised as to its truthfulness like any other important piece of evidence in the light of the surrounding facts and circumstances of the case, bearing in mind, on the one hand, that the statement is by a person who has not been examined in court on oath and, on the other hand, that the dying man is normally not likely to implicate innoce....