Dying declaration recorded by police is admissible if supported by medical certification of declarant’s fitness.

On June 8, 2019, the deceased, Sama Diwakar, was allegedly forced by her husband (Appellant 1), father-in-law (Appellant 2), and mother-in-law (Appellant 3) to consume rat poison because she refused to sell liquor and had brought insufficient dowry

She was treated at multiple hospitals but eventually succumbed at CIMS Hospital, Bilaspur

Prior to her death, a dying declaration (Ex. P.18) was recorded by an Assistant Sub-Inspector (PW-14) after Dr. K.S. Kanwar (PW-10) certified her fitness to make a statement (Ex. P.17)

The Trial Court convicted the appellants under Section 302 IPC, sentencing them to life imprisonment

The appellants challenged the conviction primarily on the grounds that the dying declaration was recorded by a police officer and the FSL report was not duly proved

1. Whether the death of the deceased occurred under abnormal circumstances, specifically due to poisoning

2. Whether the appellants intentionally administered rat poison to the deceased

3. Whether a dying declaration recorded by a police officer (ASI), rather than a Magistrate, is admissible and sufficient to sustain a conviction

Section 302 of the IPC regarding murder

Section 32(1) of the Indian Evidence Act, 1872, regarding the admissibility of dying declarations

Sharad Birdhichand Sarda v. State of Maharashtra, which established that Section 32(1) is an exception to the hearsay rule and covers circumstances leading to death

Purshottam Chopra v. State (NCT of Delhi), which clarified that the law does not prescribe a specific format or person to record a dying declaration, provided the declarant is in a fit state of mind

Paparambaka Rosamma v. State of A.P. regarding the distinction between being "conscious" and in a "fit state of mind"

The Court first confirmed the cause of death as poisoning, noting that the FSL report (Ex.C.1) showed phosphorus (rat poison) in the viscera, a finding not seriously disputed by the defense

Regarding the dying declaration (Ex. P.18), the Court rejected the appellants' contention that its recording by an ASI rendered it unreliable. It observed that PW-10 (Medical Officer) had explicitly certified the deceased’s fitness to give a statement (Ex. P.17) and was present during the recording

The Court found the declaration voluntary and consistent, as it was corroborated by the mother’s testimony (PW-2), who witnessed the recording

Applying the parameters from Irfan @ Naka v. State of U.P., the Court determined that the declaration inspired confidence and could serve as the sole basis for conviction

The Court concluded that the prosecution successfully established a chain of circumstantial evidence—motive (dowry and liquor sales), presence of the accused, and the medical evidence—pointing solely to the guilt of the appellants

The High Court dismissed the appeal and upheld the judgment of conviction and life imprisonment sentence passed by the Trial Court, affirming that the prosecution proved beyond reasonable doubt that the appellants intentionally caused the death of the deceased by administering poison