(SHORT NOTE)
PATNA HIGH COURT
(DB)
M.P. Varma and Krishna Ballabh Sinha, JJ.
Ramji Singh - Appellant
versus
State of Bihar - Respondent
Crl. Appeal No. 340 of 1983
Decided on 5.11.1986
Counsels for the parties:
M/s. Jagdish Prasad & Birendra Kumar
Singh, Advocates- For the Appellant.
G. P. Jaiswal, Advocate - For the State.

IMPORTANT POINT
No law can be laid down in strict sense of the term to record dying declaration in the form of question and answer.

Headnote:Evidence Act, 1872-Section 32- Indian Penal Code, 1860 - Section 302 - Conviction under – Appeal - Dying declaration recorded by a Magistrate - Patient was in foil sense and quite alert in mind - No certificate on record regarding this fact – Non - mentioning of the time in the dying declaration - Statement was not recorded in question & answer form-Whether this dying declaration which is otherwise an honest statement can be made the basis of conviction? (Yes).

       Held: It Cat not be said in absence of the certificate that the whole statement should be rejected for want of it, even if otherwise found to be an honest statement so, in judging the same the totality of the entire circumstance should be looked into and it is just as a rule of caution only to find out that if the deponent was mentally alert and in fit state of mind to make statement. There is no I described form to record a dying declaration and no rigid rule can be for the same. It can only be said that the man who records the dying declaration must satisfy himself that the deponent is in a fit State of mind and quite alert in making statement relating to the injuries sustained by him. A few omission in the statement here and there, if the statement is otherwise found to be honest and acceptable, cannot be said to be a reasonable cause to reject it, and more so, if other facts reflect the same to be as a correct statement.

       Result: Appeal dismissed.