Delhi High Court has held that a dying declaration would simply not become unreliable, just because it was recorded by an Executive Magistrate instead of a Judicial Magistrate.
The Single Bench of Justice IS Mehta has noted that once it is ascertained that the dying declaration was made voluntarily and is truthful, the fact that it was reported by an Executive Magistrate, won’t affect its relevance.
The court rejected the first claim of the appellants by relying upon the post mortem report, MLC as well as the statement of the medical practitioner.
The medical practitioner has stated that at the time of recording of the declaration, the victim was fit to give a statement.
On the issue of the dying declaration being recorded by an Executive Magistrate, the court noted that: ‘The magistrate being a disinterested witness and is a responsible officer and there being no circumstances or material to suspect that the magistrate had any animus against the accused or was in any way interested for fabricating a dying declaration, question of doubt on the declaration, recorded by the magistrate does not arise.’.