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DYING DECLARATION VALID EVEN IF NOT CERTIFIED BY DOCTOR: Supreme Court

Team SoOLEGAL 2 May 2019 2:26pm

DYING DECLARATION VALID EVEN IF NOT CERTIFIED BY DOCTOR: Supreme Court

Supreme Court bench comprising of Justice N.V.Ramana, Justice Mohan.M.Shantanagoudar and Justice S. Abdul Nazeer considered an appeal whose subject matter related to dying declaration. The appellant was leveled by the charges of murder of her aunt by setting her on fire. Dying declaration of the deceased was recorded by the Magistrate which was not taken into account by the Court because he did not verify the medical fitness of the deceased so as to give a declaration. Also, it was put forth that the dying declaration did not possess signatures of the witness. Based on these grounds, the Trial Court acquitted her but High Court reversing the former's finding, convicted the appellant. She was sentenced to life imprisonment.

The Apex Court has made certain notable observations in this case. It was observed by the bench that it is not necessary that the dying declaration must be certified by the doctor always. But, the person who is recording such declaration, must be satisfied that the person making such declaration is medically fit to do so. Also, that if the dying declaration is made orally to the relatives of the deceased, it is not admissible in the Courts of law because it was not recorded by the police as statement as per Section 161 Code of Criminal Procedure, which reads as under:

161. Examination of witnesses by police.

(1) Any police officer making an investigation under this Chapter, or any police officer not below such rank as the State Government may, by general or special order, prescribe in this behalf, acting on the requisition of such officer, may examine orally any person supposed to be acquainted with the facts and circumstances of the case.

(2) Such person shall be bound to answer truly all questions relating to such case put to him by such officer, other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.

(3) The police officer may reduce into writing any statement made to him in the course of an examination under this section; and if he does so, he shall make a separate and true record of the statement of each such person whose statement he records.



Tagged: Dying Declaration   Supreme Court   Code of Criminal Procedure   Justice N.V.Ramana   Justice Mohan.M.Shantanagoudar   Justice S. Abdul Nazeer  
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