The admissibility of dying declarations, especially those made by a minor, and the interpretation of Section 164 CrPC were central to the judgment.

( 1 ) NOORUDDIN has appealed against his conviction under Section 302 I. P. C. and the sentence of death He has been convicted for having stabbed to death his grand-mother Smt. Bachiran, his father Badrauddin, his mother Smt. Ashiya, his wife Smt. Sabira, and his minor daughter Km. Noor Bano aged about 10 years on the 10th of May, 1963 at about 3-15 p. m. in his own house in nala Mantole, Mohalla Rakabganj Agra City.

( 2 ) THE prosecution case is that there was a domestic quarrel between the accused Nooruddin and his rather Badruddin that afternoon in the course of which Nooruddin accused stabbed his father badruddin. When his mother and grandmother rushed to protect Badruddin, they were also stabbed. The accused then stabbed his daughter Km Noor Bano and to order to save the girl Smt. Sabira wife of the accused intervened and she was also stabbed. While all this was going on in the house, the other members of the house rushed out and made a noise. Their relations and neighbours then came at the scene. The accused was overpowered and a dagger (Ext. 1) was snatched from his hand. Arrangements were then made for carrying the injured to the hospital. While this was being done, the accused escaped from the house and ultimately surrendered himself in the court of Shri S. P Misra at 4. 45 p. m. He made a confessional statement which was recorded by the Magistrate and he sent him to jail, Ajmari had dictated the first information report at police station Rakabganj at 3. 45 p. m. . The investigating officer immediately started for the scene of occurrence and reached there at 4. 25 p. m. when he found that the accused had disappeared from the house. He started investigation and recorded the statements of all the relevant witnesses and ultimately sent the challan to court.

( 3 ) OUT of the injured Smt. Bashiran and Smt. Ashiya, grand-mother and mother of the accused died on the spot and the remaining three Badruddin, Smt. Sabira and Km Noor Bano died ultimately in the hospital within 6-8 hours Badruddin and Smt, Sabira never regained consciousness but Km. Noor Bano was conscious when she reached the hospital. Her dying declaration was first recorded by Dr. B. S. Lal. The doctor put her questions which she answered. The questions and their answers are as follows: q. What is your name? a. Noor Bano. Q. What is your fathers name? a. Noor Uddin. Q. Who assaulted you? a. My father assaulted me. Q. With what did he assault? a. He assaulted with Chhuri. Q. Why did he assault you? a. A quarrel had taken pla between (him) and Dadi. I do not know why he assaulted me. Q. How much time has elapsed since you received injury? a. About one hour has elapsed. Q. Where were you when you received injury? a. He assaulted me in his house. He assaulted me while I was playing. Q. Whom else did he assault? a. He assaulted my brother Noor Ahmad, sister Tahsim. My mother too must have received the blow. I ran away to the house of the female tenant. Q. Do you want to say anything else? a. No.

( 4 ) THEREAFTER on the arrival of the Magistrate, her dying declaration was again recorded by Shri g. C. Jain, Addl. District Magistrate and she stated as follows: more than about two hours back, my father stabbed me with a knife on my abdomen. He struck with it to my brother and sister. The name of my brother is Noor Ahmad and that of my sister is nargis. The confession of the accused which was recorded by Shri S. P. Misra, Magistrate is as follows: i have used a Chhuri. I have used it against my wife and children. But I cannot say what their conditions are. I was not on good terms with my wife. So I stabbed her with chhuri. The chhuri has struck her, my wife on the flank. She has died I am appearing before von I have received injures on my right check below the eye and left shoulder blade, in the course of quarrel. The importance of this confession and the dying declaration will have to be considered in detail because the eye-witnesses of the occurrence who m