axe blow on Naseem Khan and thereby caused his murder. Page 10 of 21 Criminal Appeal No. 2129 of 201420. The undisputed and indisputable position obtained from the evidence on record is that the defence had brought out that neither in Ext. P12 FIR nor in Ext. D3 statement of PW8 recorded under Section 161, Cr.P.C., PW8 stated about the oral dying declaration made to her by the deceased. That apart, the prosecution had failed to establish that when PW8 reached the place of occurrence the deceased was in a fit state of mind to speak or talk relevantly. Except the statement of PW8 in the Court there is no scrap of evidence in that regard in the case on hand. As a matter of fact, on this aspect nothing was brought out from PW5 and PW9 or from any other witnesses. There can be no doubt that oral dying declaration should be of such a nature as to inspire full confidence of the court in its correctness. In the contextual situation revealed as above, we have no hesitation to hold that the