The Allahabad High Court has delivered a significant Judgment deciding the question of law that:
Whether it is mandatory for the Executive Magistrate to record his satisfaction that the deceased was in a fit state of mind to make the dying declaration?
In this case a Criminal Appeal came before the Allahabad High Court challenging the Judgment of Trial Court, where by the Trial Court had convicted all the Appellants under Section 302/34 IPC and Section 498-A IPC (Except Kamal).
Alongwith the Criminal Appeal a bail application was filed, which was heard and decided by the Allahabad High Court.
Court Should Not Be Too Technical When It is Convinced about the Trustworthiness of Dying Declaration
It was the case of the Appellant that the dying declaration (Exhibit Ka 2) is not trustworthy because in the dying declaration, it has not been recorded that the deceased was in a fit state of mind to make the said dying declaration.
Further submission was that before recording the dying declaration, even if the Doctor has certified that victim was in total conscious state of mind, the Magistrate was duty bound to record as to whether the deceased was in a fit state of mind to make the dying declaration.
The AGA for the State government vehemently opposed the bail application and submitted that in view of the Judgment of Supreme court in the case of Laxman Vs State of
Maharashtra, AIR 2002 SC 2973, wherein Supreme Court has held that medical certification is not a sine qua non for accepting the Dying Declaration.
A Division Bench of Hon’ble Justice B. Amit Sthalekar and Hon’ble Justice S.K. Yadav observed that prima facie dying declaration shows that the Executive Magistrate after being satisfied about the state of mind has recorded the same.
The Court further observed that the Courts should not be too technical , where it is convinced about the genuineness of the dying declaration, which shows confidence and can be acted upon without requirement of any corroboration.
Considering above and gravity of offence and more particularly age of the deceased the Allahabad HC rejected the Bail Application.
Case :- CRIMINAL APPEAL No. – 388 of 2020
Title: Kamal vs State of U.P.
Counsel for Appellant :- Sunil Kumar
Counsel for Respondent :- G.A.