Dying Declaration Can't Be Ignored Just On The Ground That It was Recorded By An Executive Magistrate: Delhi HC [Read Judgment]

The Single Bench of Justice IS Mehta has noted that once it is ascertained that the dying declaration was made voluntarily and is truthful, the fact that it was reported by an Executive Magistrate, won't affect its relevance.

In the present case, multiple criminal appeals were filed by accused persons who were convicted by the trial court for dowry death under sections 304B, 302 and 498A of IPC.

The counsel for the Respondents had submitted the following grounds for challenging the order of the conviction as recorded by the trial court:

1. The dying declaration can't be accepted as voluntary, as at the stage of recording of the statement, the victim was under the influence of drug called 'Fortwin', which materially affected her mental state
2. The dying declaration can't be relied upon as it was recorded by an Executive Magistrate, instead of a Judicial Magistrate, which is in violation of Chapter 13A of Delhi High Court Rules

The court rejected the first claim of the appellants by relying upon the post mortem report, MLC as well as the statement of the medical practitioner.

The medical practitioner has stated that at the time of recording of the declaration, the victim was fit to give a statement.

Moreover, the medical reports reflect that the statement was recorded more than 24 hours of administering the said drug. Therefore, the argument of victim not being in a proper mental state is refuted.

On the issue of the dying declaration being recorded by an Executive Magistrate, the court noted that: 'The magistrate being a disinterested witness and is a responsible officer and there being no circumstances or material to suspect that the magistrate had any animus against the accused or was in any way interested for fabricating a dying declaration, question of doubt on the declaration, recorded by the magistrate does not arise.'

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