Dying Declaration Recorded By Executive Magistrate After Doctor Finds Patient Mentally Fit Can Be Relied Upon: Chhattisgarh HC

The Chhattisgarh High Court upheld the conviction of two men accused of murder and sentenced to life imprisonment, while observing that a dying declaration recorded by an Executive Magistrate, following certification by a doctor that the patient is fit to give a statement, can be considered reliable.

In that context, the Bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal observed that, "we are of the considered opinion that the trial Court has rightly held that it is the appellant... who is the author of crime in question relying upon the dying declaration (Ex.P-25) made by... the deceased before Executive Magistrate Anjali Sharma (PW-13) after getting fitness certificate by Dr. Deepika Sinha (PW-6) that she is capable to give statement and the accused/appellant... was found to be guilty for helping the accused... in destroying the evidence."

A complaint was lodged by PW 1 at the Police Station alleging that his niece, the deceased, had been burned by accused no. 1, with whom she had a love affair. It was reported that while being taken to the hospital, she informed her family members that on August 16-17, 2020, the accused no. 1 called her to meet him. When she arrived, they argued, and the accused no. 1 poured kerosene on her, set her on fire, and fled. The victim ran home, shouting for help, and tried to extinguish the fire in the mud outside the field while telling her family about the incident. An FIR was lodged against the accused under Section 307 of the IPC on August 18, 2020.

On the same day, the Executive Magistrate recorded the deceased's dying declaration after a doctor certified that she was mentally fit to make a statement. The victim later died, and the case was investigated as a murder. A charge sheet was filed under sections 302/34 and 201/34 of the IPC. Accused no. 2 was alleged to have helped accused no. 1 by cleaning the crime scene to hide evidence.

The Trial Court, based on oral and documentary evidence and the dying declaration, found the appellants guilty and convicted and sentenced them accordingly. The accused appealed to the High Court, arguing that the prosecution failed to prove the deceased was mentally fit to give the dying declaration when it was recorded. They contended the declaration was doubtful and should be discarded.

Defending the Trial Court's judgment, the Deputy Advocate General argued that the dying declaration was true and voluntary. The declaration was recorded in the presence of the Executive Magistrate, and the deceased's thumb impression was on the document, certifying her mental fitness. It was noted that neither the prosecution nor the defence questioned the doctor about the deceased's condition, implying no dispute about her fitness to provide the statement.

The High Court observed that, "we do not find any infirmity in the impugned judgment of conviction and order of sentence in convicting the accused.. for offence under Section 302, 201/34 of the IPC for committing murder of Geeta Yadav and destroying of evidence and /appellant... for offence under Section 201/34 of IPC for destroying of evidence."

Cause Title: Ajay Verma vs State of Chhattisgarh 

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