Judicial Magistrate was unavailable. Doctor recorded dying declaration. Whether fitness certificate is necessary for validity of Dying Declaration to sustain conviction.

Facts of the Case

• A victim suffered fatal injuries and was taken to a hospital.
• The Judicial Magistrate was unavailable at the time.
• The attending doctor recorded the dying declaration of the victim.
• The victim later died due to injuries.
• The prosecution seeks to use this dying declaration to sustain conviction of the accused.
• A question arises whether the dying declaration recorded by the doctor without a magistrate is valid, and whether a fitness certificate is required.

Issues in the Case

1. Whether a dying declaration recorded by a doctor instead of a magistrate is admissible?
2. Is it necessary to produce a fitness certificate from the doctor for the declaration to be valid?
3. Whether the dying declaration alone can sustain a conviction?
4. What are the safeguards to ensure that the victim understood the consequences while making the declaration?
5. Under which provisions of the Indian Evidence Act, 1872 and CrPC is such a declaration relevant?

Legal Principles Covered to Support Case Proceedings and Judgments

A. Section 32(1) – Statements by Persons Who Cannot Be Called as Witnesses

• Section 32(1) allows statements made by a person who is dead (or cannot be called as witness) concerning cause of death or circumstances leading to death to be relevant.
• Dying declaration falls squarely under Section 32(1) of the Indian Evidence Act.

“Statements, written or verbal, of a person as to the cause of his death or as to any of the circumstances of the transaction which resulted in his death, made while the person was under expectation of death, are relevant.”

B. Recording by Doctor vs. Magistrate

1. Law does not make magistrate presence mandatory
   • The Supreme Court in several judgments has held that:
     • A dying declaration may be recorded by a police officer, magistrate, or doctor.
     • The key test is whether the declarant was conscious and competent to make a statement about the cause of death.
2. Fitness Certificate / Competency
   • The doctor’s certificate regarding fitness (i.e., mental competence and lucidity) strengthens the declaration.
   • It is desirable but not strictly necessary for admissibility.
3. Essential Requirements
   • Declarant must be mentally capable and conscious.
   • Declaration must relate to cause of death or circumstances leading to death.
   • Declaration must be voluntary, without coercion.

C. Case Law

1. Mohan v. State of Maharashtra, AIR 1966 SC 1604
   • Dying declaration recorded by police or doctor without magistrate is admissible if the declarant is competent.
2. Sanjay Dutt v. State of Maharashtra (1994)
   • Fitness certificate from the doctor is helpful but not mandatory.
   • Courts may rely on the declaration if the victim was mentally alert.
3. Tukaram S. Dighole v. State of Maharashtra (2010)
   • Dying declaration recorded by a doctor, in absence of magistrate, can sustain conviction if trustworthy.
4. K. Parasuraman v. State of Tamil Nadu
   • No formal requirement of magistrate presence; court examines credibility, voluntariness, and mental state.

D. Corroboration

• While dying declaration is sufficient to convict, courts prefer corroboration from:
  • Medical evidence (injuries),
  • Witness testimony,
  • Circumstantial evidence.
• However, corroboration is not mandatory if the declaration inspires confidence.

Possible Judgment

Dying Declaration Recorded by Doctor is Admissible Without Magistrate

Reasons:

1. Section 32(1) Evidence Act permits dying declarations of persons who cannot testify.
2. Fitness certificate is not a statutory requirement; it is only desirable to establish mental alertness.
3. Key test: Whether the victim was conscious, competent, and making a voluntary statement.
4. Courts have upheld convictions based solely on dying declarations recorded by doctors when credibility is clear (Mohan v. State of Maharashtra).

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