- In the case of Anjari Rout v. the State of Odisha, the Hon’ble Orissa HC held that the doctor is the best person to assess the mental condition of the victim. The Dying Declaration made to him could be accepted in the court of law and shouldn’t be considered only because the victim’s mental health certificate wasn't appreciated.
- In the instant case, the appellant preferred an appeal against the judgment in which he was convicted u/s 302 IPC and sentenced to life imprisonment and hence wanted to set aside the orders.
- The appellant contended that the lower court had erred by holding the appellant guilty without appreciating the facts of the case and scrutinizing the admissibility of the dying declaration. The appellant was booked u/s 302 IPC for the murder of his wife, who succumbed to the burn injuries received during the incident given by his husband(the appellant).
- He further contended that the dying declaration made before the doctor is not worthwhile since there is no evidence to prove that the deceased was by then in a fit state of mind. It was alleged that there was plenty of time to record the dying declaration before I.O. or a Magistrate which was not done.
- Lastly, he defended the allegation of pouring kerosene on the victim’s body as no smell of any such substance was found and affirmed that it was he who doused the fire off as he didn’t have any intention to kill his deceased wife.
- While the respondent argued that the learned lower Court did not commit any error and therefore judgment passed was absolutely justified and in accordance with the law. The fact that the appellant was responsible for setting the deceased on fire was disclosed by close family members and evidence-backed them.
- According to the respondent, the dying declaration recorded in front of the doctor couldn't be brushed off. The respondent cited Sohan Singh and others v. the State of Punjab (2003), wherein, it was held that irrespective of having no endorsement on the fitness of mental health of the deceased by the doctor, there is no consolidated reason to discard it.
- In a very recent case, State of U.P. v. Veerpal and another (2022), it was observed that a dying declaration would be acceptable if the court is satisfied that the deceased was in a fit mental condition to depose and it was made truthfully and voluntarily.
- The Division Bench of Chief Justice Dr. S. Muralidhar and Justice Radha Krishna Pattanaik accepted the statement recorded u/s 161 CrPC as a dying declaration before the doctor by citing the case of Tellu v. State (Delhi) 1988. It affirmed that it was immaterial that the smell of kerosene was not detected as it could have vanished due to various reasons.
- The court declared that the mischief by the appellant falls under one of the exceptions of section 300. Hence, it was a case of culpable homicide not amounting to murder.
- The Court set aside the respondent's appeal and upheld the lower Court's decision.
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