S. 32 – Dying declaration – Whether statement of deceased recorded by Police Officer in a routine manner as complaint and not as a dying declaration can be relied up – Held, “Yes” provided be was in a fit state of health to make the statement.

In Paras Yadav v. State of Bihar; 1999 SCC (Cri) 104, 

Statement of a deceased recorded by a police officer in a routine manner as a complaint and not as a dying declaration can be taken as a dying declaration after the death of the injured if he was found to be in a fit state of health to make a statement. If the dying declaration is recorded by an investigating officer the same can be relied upon if the evidence of the prosecution witness is clearly established beyond reasonable doubt that the deceased was conscious and he was removed to the hospital and he was in a fit state of health to make the statement. In the instant case, the position appears to be different. (State of Rajasthan v. Wakteng; (2009) 3 SCC (Cri) 217)