Dying declarations are statements made by a dying person as to the injuries which culminated in his death or the circumstances under which the injuries were inflicted.

Three conditions are required to be ful­filled before a dying declaration is acted upon. The first condition is whether the victim had the physical capability to make the statement. Secondly, whether the witnesses heard the statement correctly and reproduced the names of the assailants correctly. Thirdly, whether the maker of the dying declaration had op­portunity to correctly recognize the assail­ants—the Evidence Act, 1872, Section 32(1). [Md. Abul Khashem vs. The State, 15 BLD (HCD) 205]

A dying declaration is a valuable piece of evidence and if it is free from suspicion and believed to be true it may be sufficient for conviction. [Shahbaz 9 DLR WPC]

If it stands the normal test for judging its veracity it becomes a wholly reliable piece of evidence, but if it does not, it is far worse than an ordinary statement of a witness. The value of dying declaration depends in a case on its own facts and the circumstances in which it is made. [Bulu v. Sate 45 DLR 79]