Short Note : 1. It is not safe to convict an accused person merely on the evidence furnished by a dying declaration without further corroboration because such a statement is not made on oath and is not subject to cross-examination and because the maker of it might be mentally and physically in a state of confusion and might well be drawing upon his imagination while he was making the declaration. In the instant case, the oral dying declaration alleged to have been made by Akbar Khan, it is clear that the exact words uttered by Akbar Khan have not been proved and version given by the witnesses is discrepant at material points. Thus the evidence on the dying declaration does not appear to be reliable. The statement of the witnesses on the point are not consistent Ramnath Madhoprasad and others v. State of M. P, AIR 1953 SC 420 , Khushalrao v. State of Bombay, AIR 1958 SC 28, relied on. Motisingh and another v. State of U.P., 1964 SC 900, referred to. Appeal allowed.