Yes, a judge can relay on
dying declaration. Because, men may tell a lie but at the time of death he
cannot speak false. That’s why it is said that “truth sits upon the lips of
dying men”. Dying declaration is not conclusive proof. Other corroborating
documents are necessary to prove it. Grounds why a judge can relay on dyingdeclaration and be cautious-
1. The
declarant of dying declaration is death.
2. The
person presenting dying declaration is only the witness of the declaration of
death person.
3. And the
person presenting dying declaration is out of cross examination and of taking
oath.
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