No Need To Corroborate Dying Declaration If Given In A Fit State Of Mind: Calcutta High Court

A division bench of Calcutta High Court, consisting Justice Debangsu Basak and Justice Bibhas Ranjan De, reiterated that a dying declaration is a conclusive piece of evidence, admissible for the conviction of the accused, wherein corroboration is not mandatory when the deceased is in a 'fit state of mind' while giving the declaratory statement. The trial court found no fault in the prosecution's case and convicted the accused for the offences punishable under sections 498-A and 302 of IPC based on the dying declaration made by the deceased, testimonies and evidences procured during the investigation. Further the counsel asserted, relying on Atbir vs Government of NCT of Delhi, that the trial judge had convicted the accused based solely on the cryptic dying declaration, which was alleged to have been made to the doctor attending the deceased without certifying the fit state of mind of the deceased at the time of giving dying declaration. A dying declaration which suffers from infirmity such as the deceased was unconscious and could never make any statement cannot form the basis of conviction.