https://www.taxtmi.com/caselaws?id=296014 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. en-us Tue, 23 Jul 2013 00:00:00 +0530 Wed, 30 Jun 2021 10:24:12 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=296014 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. Case-Laws Indian Laws Tue, 23 Jul 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=296014