Treating doctor's opinion more reliable than police in evaluating dying declarations: SC
Supreme Court of India
New Delhi: The Supreme Court of India has ruled that when deciding the reliability of a dying declaration, the opinion of the treating doctor holds more weight than that of a police officer.
A division bench comprising Justice Pankaj Mithal and Justice S. V. N. Bhatti clarified that once a doctor certifies that a patient is fit to give a statement, such certification cannot be ignored.
The Apex court was hearing an appeal filed by a husband convicted of murdering his wife by setting her on fire in their house. Upholding the conviction, the Court relied on the victim's dying declaration, which had been recorded in the hospital.
The Bench observed,
"The police inspector who conducted the investigation. He might have deposed that the deceased was not in a conscious state of mind, but that would not override the statement of the doctors who treated the deceased, especially the one who was on duty and had permitted the police to record the statement of the deceased on being satisfied that she was in a fit condition to make a statement."
According to the appeal, during a dispute between the couple, the accused poured kerosene on his wife and set her on fire. The severely injured woman was taken to the hospital, where the doctor certified that she was mentally fit to give a statement. Thereafter, the police recorded her dying declaration.
However, the defence counsel challenged the reliability of this statement, arguing that the investigating officer had stated that the woman was unconscious at the time and not in a condition to speak, making the declaration unreliable.
Rejecting the defence argument that the victim was unconscious, the Court observed that the doctor had certified that the victim was in a fit condition to give a statement, and that the statement of the investigating officer claiming otherwise cannot override the doctor’s assessment.
The Court noted that the evidence of the two doctors clearly showed that the victim was admitted to the hospital on July 20, 2000, and despite suffering serious burn injuries, she remained conscious. The doctors confirmed that she was mentally fit to give a statement. Based on this certification, permission was given to the police to record her statement, which also carried the doctor’s endorsement and signature. The Court found no reason to doubt this medical evidence.
"Considering the circumstances and the evidence of PW-3, PW4, PW-10 and PW-11 coupled with the fact that there is no adverse material to doubt the above dying declaration or to suggest that it was not actually or properly recorded or that the deceased was not in a state to make such a statement, there is no reason to disbelieve the dying declaration," the bench noted.
Based on the dying declaration, medical evidence, and eyewitness testimony of the couple’s daughter, the Court held that the prosecution had proved the case and dismissed the appeal.
To view the court order, click on the link below:
