DYING DECLARATION
Querist :
Anonymous
(Querist) 17 July 2011
This query is : Resolved
CAN A DYING DECLARATION DICTATED BY A LINK AND EXECUTIVE MAGISTRATE TO THE INVESTIGATING OFFICER AND WRITTEN BY I.O & NOT BY MAGISTRATE IN HIS OWN HANDWRITING , WITHOUT GIVING EXPLANATION OF THE SAME BY MAGISTRATE AND I.O. IN CROSS EXAMINATION ONLY SIGNED BY MAGISTRATE AND NOT ATTESTED BY DOCTOR OR NURSE OF HOSPITAL OR BY INVESTIGATING OFFICER OR ANY RELATIVE OF DECEASED WHILE ALL WERE PRESENT AT THAT TIME AND ONLY HAVING THUMB IMPRESSION OF VICTIM AND NOT HIS SIGNATURE ON DYING DECLARATION, NOT MENTIONING TIME OF RECORDING AND FINISH BUT STATED THAT STATEMENT RECORDED IN 15 TO 20 MINUTES IN DELHI AREA HAVING GIVEN DIFFERENT TIME OF RECORDING BY I.O. AND MAGISTRATE FOR RECORDING (i.e as per Magistrate he dictate statement to I.O. in morning at about 12.00 noon and as per I.O. he scribe statement on the dictation of Magistrate at about 10.30 p.m. on same date, HENCE TIME DIFFERENCE REGARDING DICTATION AND WRITING THEREOF BY BOTH S.D.M. AND I.O. ON RECORD . WHILE THE STATEMENT IN QUESTION HAVING THUMB IMPRESSION OF DECEASED AS PER MAGISTRATE PAD USED FOR TAKING FOR THUMB IMPRESSION WAS TAKEN FROM A NURSE OF HOSPITAL WHILE AS PER I.O. THE PAD USE FOR TAKING THUMB IMPRESSION WAS ALREADY WITH HIM .. MOREOVER, WHEN THE SAME STATEMENT IS RECORDED THE F.I.R. WAS NOT LODGE F.I.R LODGED THEREAFTER ( ABOUT 3-4 HOURS LATER) PRIOR TO IT A D.D. ENTRY WAS RECORDED 3 DAYS BEFORE IN THE SAME CASE AND THERE IS NOTHING ON RECORD THAT THE SAID D.D. WAS ENTRUSTED TO INVESTIGATING OFFICER TO INITIATIVE OF PROCEEDING BY S.H.O.. NOW , MY QUESTION IS THAT IS THIS KIND OF STATEMENT IS TRUSTWORTHY AND CAN BE RELIED UPON AND CAN BE SOLE BASIS OF CONVICTION IN A CASE?. AND IF YES ON WHAT BASIS IN DELHI AREA. PLEASE CLARIFY. THOUGH THE O.I. IS NOT EXPECTED TO SCRIBE THE DYING DECLARATION IN DELHI AREA. WHAT IS THE EXACT RULE FOR RECORDING OF SUCH KIND OF DECLARATION?
