The Supreme Court
observed that it was not an absolute rule of law that other evidence must
corroborate a dying declaration. A dying declaration even if uncorroborated can
form the sole basis of conviction. But each case must be determined on its own
facts; keeping in view the circumstances in which the dying declaration was made.
It cannot be laid down as a general proposition that a dying declaration stands
on the same footing as another piece of evidence and has to be judged in the
light of surrounding circumstances and with reference to principles governing
the weighing of evidence; a dying declaration which has been recorded by a
competent Magistrate in the proper manner that is to say, in the form of
questions and answers, and as far as practicable in the words of the maker of
the declaration stands on a much higher footing than a dying declaration which
depends upon oral testimony which may suffer from all the infirmities of human memory
and human character. In order to test the reliability of a dying declaration
the court has to keep in view the
circumstances like the opportunity of dying man for observation, whether the
capacity of the man to remember the facts stated had not been impaired at the
time he was making the statement by circumstances beyond his control, that the
statement has been consistent throughout if he had several opportunities of
making a dying declaration apart from the official record of it; and that the statement
had been made at the earliest opportunity and was not the result of tutoring by
interested parties.