Dying declaration proved by secondary evidence was upheld as reliable despite extensive burn injuries and missing original record.

Secondary evidence of a dying declaration was held admissible where the original could not be traced despite due efforts, and its absence was not attributable to the party relying on it. The carbon copy was proved through the doctor who recorded the statement and the nurse present, whose testimony remained unimpeached. The Court applied Sections 63 and 65(c) of the Indian Evidence Act, 1872, and accepted that even a person with extensive burn injuries may still be fit to make a reliable statement. The dying declaration was therefore treated as trustworthy and could properly sustain the conviction under Section 302 of the Indian Penal Code, 1860.

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Issues: Whether the conviction could be sustained on the basis of a dying declaration proved through secondary evidence when the original document was not traceable, and whether the dying declaration remained reliable despite the deceased having extensive burn injuries.

Analysis: The original dying declaration was found to be unavailable despite efforts to locate it, and the trial court had permitted secondary evidence after satisfying itself that the original was not traceable. The carbon copy was proved through the doctor who recorded it and the nurse present at the time, both of whom supported the prosecution and remained unimpeached. The Court held that Sections 63 and 65(c) of the Indian Evidence Act, 1872 permitted such secondary evidence when the original could not be produced for reasons not attributable to the party tendering it. The Court further accepted the medical and ocular testimony that a person with 100% burns may still be in a fit condition to make a statement, and found no infirmity in relying upon the dying declaration.

Conclusion: The dying declaration was rightly admitted and relied upon, and the conviction under Section 302 of the Indian Penal Code, 1860 was upheld.

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