145;No conviction if doubt over dying declaration146;

If a dying declaration was of an impeccable character, it would depend upon several factors8212;physical and mental condition of the deceased was one of them8212;the bench said.

The bench reversed a Madras HC order which upheld the conviction of one P Mani for killing his estranged wife by setting her on fire in Kanyakumari district of Tamil Nadu in October 1998 on the ground that the dying declaration of the deceased was not reliable.

8216;8216;In this case the circumstances which have been brought on records clearly point out that what might have been stated in the dying declaration may not be correct,8217;8217; the bench said.

8216;8216;If the deceased had been nurturing a grudge against her husband for a long time, she while committing suicide may try to implicate him so as to make his life miserable,8217;8217; it noted holding the presumption about admissibility of dying declaration was not available.