A dying declaration is admissible and may serve as the sole basis for conviction, even if recorded by a police officer, provided it is voluntary, truthful, and supported by medical certification confirming the declarant was in a fit state of mind at the time of the statement.

Judgment on Board

Per Ramesh Sinha, CJ

1. This criminal appeal is directed against the judgment of conviction and order of sentence dated 24.09.2021 passed by the Sessions Judge, Mungeli, District Mulgeli (C.G.) in Sessions Trial No. 39/2019, whereby learned trial Court has convicted the appellants for offences under Sections 302 of the IPC and sentenced them to undergo imprisonment for life and fine of Rs.2,000/- each, in default of payment of fine to further undergo RI for one year to each appellant.

2. The prosecution case, in brief, is that on 08.06.2019, the accused allegedly made the deceased, Sama Diwakar, consume rat poison on the pretext that she did not sell liquor and had brought insufficient dowry. She was taken to the District Hospital, Mungeli for treatment. The hospital informed the City Kotwali Police Station, Mungeli vide Ex.P.15, pursuant to which treatment was administered to Sama Diwakar. The concerned police station recorded a complaint as Ex.P.16A, on the basis of which her medical examination was conducted as per Ex.P.16. The police also sought an opinion from the Medical Officer, Mungeli, regarding whether the deceased was in a condition to give a statement. In this regard, an intimation was recorded as per Ex.P.30, and as per Ex.P.17, Dr. K.S. Kanwar (PW-10) opined that Sama Diwakar was fit to give a statement, following which her statement was recorded as per Ex.P.18.

3. The District Hospital, Mungeli referred Sama Diwakar to a higher centre for treatment as per Ex.P.19; however, her family admitted her to Mahima Hospital, Mungeli, where her medical examination was conducted as per Ex.P.20 and Ex.P.21. Thereafter, she was taken home by her father, Deshraj Dahariya (PW-1). Upon deterioration of her condition, she was admitted to CIMS Hospital, Bilaspur, where she died during treatment. The City Kotwali Police Station, Bilaspur (CIMS Outpost), registered the inquest intimation as per Ex.P.14 and issued a duty certificate as per Ex.P.4. The inquest report was prepared as per Ex.P.3, and an application for post-mortem examination was submitted. The post-mortem was conducted at CIMS Hospital, Bilaspur as per Ex.P.22. Since the incident occurred within the jurisdiction of Lalpur Police Station, the intimation was transferred accordingly as per Ex.P.23. The First Information Report was registered as per Ex.P.24. Dowry articles were seized as per seizure memo Ex.P.25, and a panchnama was prepared as per Ex.P.7. The spot map was prepared as per Ex.P.1 and Ex.P.2. After completion of investigation, a charge-sheet was filed before the Judicial Magistrate First Class, Lormi, registered as Criminal Case No. 610/2019. As the offences were exclusively triable by the Court of Sessions, the case was committed, and the accused were taken into custody as per the surrender order dated 04.10.2019, leading to registration of Sessions Case No. 39/2019.

4. Charges under Sections 304B and 302 of the IPC were framed against the accused by the learned trial Court. The charges were read over and explained to them, to which they pleaded not guilty and claimed trial. During their examination under Section 313 of the CrPC, the accused denied the prosecution allegations and stated