1. - This appeal owes its origin in the judgment dated October 3, 2001 of the learned Additional Sessions Judge No.2 (Fast Track) Kota, whereby the appellant was convicted and sentenced under section 302 IPC to. suffer imprisonment for life and fine of Rs. 2,0001-, in default to further suffer rigorous imprisonment for six months.

2. The conviction of appellant is primarily based on the dying declaration of Anita. In cases of homicide, statements made by a person, since deceased, are admissible to prove the cause and circumstances of the man's death. Such statements are called 'dying declaration'. The admissibility of 'dying declaration' rests on the principle that a sense of impending death produces in a man's mind' the same feeling as that of a conscientious and virtuous man under oath - 'NEMO MORITURUS PRAESUMUNTUR MENTIRI'. The general principle on which this species of evidence is admitted is that they are declarations made in extremity, when every motive to falsehood is silenced and the mind induced by the most powerful considerations to speak the truth, a situation so solemn and so awful is considered by the law creating an obligation equal to that which is imposed b