M.M. Punchhi, C.J.,; K.T. Thomas and; S. Rajendra Babu, JJ.
1. This appeal by special leave at the instance of the complainant would merit dismissal. We have gone through the judgment and order of the High Court and have appreciated the manner in which the three dying declarations attributed to the deceased have been rejected. Particular reference need be made to the one allegedly recorded by a Judicial Magistrate. That dying declaration is written in Hindi and apparently not in the handwriting of the Judicial Magistrate, but bears his endorsement made in English certifying that he had recorded it while the deceased was in full senses. The signature of the deceased purported to be at the end of the page over which there is an overwriting in Hindi bearing description of his name and parentage. We see no reason why another sheet could not have been employed so as to put in clarity by carrying over the name of the deceased and his signatures thereon. We equally see no reason why the Magistrate had to make an endorsement on the margin of the page certifying that the dying declaration had been made by the deceased. Besides the dying declaration and the certification are in two different inks and pens. To say the least, it was not the proper way for the Magistrate in preparing a dying declaration like this. The most trustworthy document of the prosecution having been doubted, we see no reason to discuss the other two dying declarations which apparently were made before the police. The appeal therefore has no merit. Accordingly, the same is dismissed.