No Prescribed Format Of Dying Declaration, Will Be Admissible Without Doctor’s Certificate If Made In Fit State Of Mind: Jharkhand HC

The Court also observed that the dying declaration made the certification of state of mind by the Doctor may be admissible and reliable.

The Division Bench of Justice Ananda Sen and Justice Subhash Chand observed, “But while relying dying declaration the Court has to satisfy whether it was made in fit state of mind. There is no prescribed format of recording the dying declaration. If the dying declaration is the oral and is very terse that may also inspires the confidence in regard its truthfulness. The dying declaration made by the deceased while in injured condition was prompt and was in fit state of mind and from the very conduct of the declarant at the time of making dying declaration having caught hold of the culprit who had given her Bhujali blow is ample evidence in regard to her physical and mental state of mind. Therefore, even without any certification of the Doctor such dying declaration shall be admissible and reliable.”

Senior Advocate V.P. Singh appeared for the Appellant whereas APP Bishambhar Shastri appeared for the Respondents.

A criminal appeal was filed on behalf of the convict assailing the judgment of conviction passed by the Sessions Judge for the offence under Section 302 of the Indian Penal Code, 1860.

It was submitted by the Informant that his wife had gone to Chhattisgarh to visit her brother and sister-in-law where the convict had come in contact with his wife. The accused Sandeep began to love his wife one-sidedly. The same was objected by the wife of the informant. The Convict had come to Turiabera from Uttar Pradesh with the intention to commit murder of the wife of the informant after having made all the preparations and having got the opportunity that the wife of the informant was alone at the house and he came there and assaulted his wife with ‘Bhujali’ in the right side of her stomach below her breast, resulting in the death of his wife during treatment.

The Court said that after perusal of the contents of the FIR and oral testimony of the brother-in-law of the deceased and various others, the motive of the occurrence was well proved from the prosecution evidence.

The Court further said that the testimony of an eyewitness was also admissible as the witness had seen the deceased in the injured condition holding to the Convict. “As such the testimony of all these witnesses also becomes admissible in evidence under Section 6 of the Evidence Act as a res gestae evidence.”, the Court observed.

The Court said that the dying declaration of the deceased was also made soon after the occurrence and observed, “As such she was physically and mentally fit to make the declaration before P.W.1 Rudan Singh. While making declaration by the deceased in injured condition there was no occasion to give the certificate by the Doctor of her mental condition; but her physical and mental condition was found fit by this witness P.W.1-Rudan Singh while she made declaration to him.”

The Court also relied on the landmark judgment in Laxman vs. State of Maharashtra (2002 SC) and said that the mere absence of a doctor’s certification as to the fitness of the declarant’s state of mind would not ipso facto render the dying declaration unacceptable- The evidentiary value of such a dying declaration depends on the facts and circumstances of each case.

After analysing further pieces of evidence, facts and circumstances of the case, the Court dismissed the criminal appeal and affirmed the judgment of conviction.

Cause Title: Sandeep Kumar Tripathy v. State of Jharkhand

Appearances:

Appellant: Senior Advocate V.P. Singh and Advocate Bandana Kumari Sinha

Respondent: APP Bishambhar Shastri

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