Judgment

Thomas, J.-On the fact situation of a case such as this, a judicial mind would tend to wobble between two equally plausible hypotheses - was it suicide, or was it homicide? If the dying declaration projected by the prosecution gets credence the alter­native hypothesis of suicide can be eliminated justifiably. For that purpose a scrutiny of the dying declaration with meticulous circum­spection is called for. It must be sieved through the judicial cullendar and if it passes through gauzes it can be made the basis of a conviction, otherwise not.

2. The traditional assumption that a dying person would not stoop to speak falsehood is now sought to be played down by the counsel for the appellant on the premise that it is a pedantic notion as the said assumption is fraught with the danger of insulating even a vengeful statement made by a dying person. Learned counsel submitted that at any rate the dying declaration projected by the prosecution in this case would not stand the test of credibility.

3. There can be a presumption that testimony of a competent witness given on oath is true, as the opposite party can use the weapon of cross-examination, inter alia, for rebutting the pre­