A Dying Declaration Is Not Invalid Merely Because It Was Not Certified By A Doctor: SC [Read Judgment]
The Supreme Court has acquitted a convict by setting aside the judgment of the High Court of Chattisgarh which had convicted her for murder, after finding lacunae in the dying declarations.In the case the Poonam Bai was found by the HC to have murdered her aunt by setting fire on her. The Supreme Court has acquitted a convict by setting aside the judgment of the High Court of Chattisgarh which had convicted her for murder, after finding lacunae in the dying declarations. The Court also observed that it is not mandatory that the dying declaration should be certified by a doctor always; however, whoever records the declaration should certify that the person was in a fit medical condition to make it.. "In case the person recording the dying declaration is satisfied that the declarant is in a fit medical condition to make the statement and if there are no suspicious circumstances, the dying declaration may not be invalid solely on the ground that it was not certified by the doctor. In the instant case, the dying declaration recorded by the Naib Tehsildar-cum-Executive Magistrate on which the prosecution relied failed to inspire the confidence of the Court.
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