SC : Dying declaration need not be recorded by a magistrate

NeW Delhi, Oct 5 (UNI) The Supreme Court has ruled that prosecution case cannot be rejected simply because dying declaration has not been recorded by a magistrate.

The apex court, while dismissing the appeal of Balbir Singh against the life sentence awarded to him for setting his wife Amarjit Kaur on fire after sprinkling kerosene on her, observed, "The law does not provide that a dying declaration should be made in any prescribed manner or in the form of questions and answers. Only because a dying declaration was not recorded by a magistrate, the same by itself in our view, may not be a ground to disbelieve the entire prosecution case. When the statement of an injured is recorded, in the event of her death, the same may also be treated to be a First Information Report." The deceased sustained 90 per cent burn injuries on October 12,1995 and died on October 16.

Balbir Singh and his mother Nachattar Kaur were sentenced to life imprisonment by the trial court along with a fine of Rs 2000 each.

A bench comprising Mr Justice S B Sinha and Mr Justice Dalveer Bhandari in a judgment dated September 26, however, allowed the appeal of mother-in-law Nachhattar Kaur and ordered her release but maintained the conviction and sentence of the husband.

The father-in-law was, however was not named by the deceased.

Appreciating the role played by the doctors, the Apex Court noted, "Dying declaration, however, must be voluntary. It should not be tutored. The effect of the statement being not recorded before a magistrate would depend upon the facts and circumstances of each case and no hard and fast rule can be laid down.

''If however, wholly inconsistent or contradictory statements are made or if it appears from the records that the dying declaration is not reliable, a question may arise as to why the magistrate was not called for, but ordinarily the same may not be insisted upon." The trial court judgment was upheld by Punjab and Haryana high court. UNI/AKS/SC LS KP1316