DYING DECLARATION CAN BE THE SOLE BASIS OF CONVICTION IF IT IS TRUE AND VOLUNTARY: SUPREME COURT Dying Declaration can be the sole basis of conviction if the deceased makes the statement in a fit state of mind and voluntarily. The deceased was admitted in the hospital with burn injuries. In Section 32 (1) of Indian Evidence Act defines when the statement is made by the person as the cause of his death, or as any of the circumstances of the transaction which resulted in his loss of life, in cases in which the cause of that person’s death comes into question. Such statements made by the person are relevant whether the person who made them was alive or was not, at the time when they were made, under the expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question. In the present case, the doctor certified that the deceased was in stable mind and was conscious hence, the dying declaration of the deceased will be taken into consideration. Hence, the court considered the dying declaration and upheld that the husband is guilty. With a team of litigation attorneys, Reddy & amp; Reddy Law firm has extensive experience and involvement various in civil, criminal matters. We represent our clients in lower courts, High courts and Supreme Court and other tribunals in India.