FIR lodged by deceased before his death, can be relied upon as his dying declaration

Deceased before his death gave FIR regarding the incident of attack by accused persons. Testimony of the Doctor who treated the deceased shows that the deceased was alive when an initial examination was undertaken by him. FIR lodged by the deceased, before his death, can be relied upon as a dying declaration on part of the deceased when there is nothing on record to show that the deceased had shown symptoms of not being able to speak either soon after the incident or when his statement was recorded.

Mr Sushil Kumar Jain learned Senior Advocate for the accused contended that considering cross-examination of the doctor, it would be impossible to believe that deceased could have made any reporting to the police as alleged.

Non-detection of blood pressure by itself does not mean that the deceased was not in a physical condition to make any reporting to the police two hours earlier. Nothing is available on record to show that the deceased had shown these symptoms either soon after the incident or when his statement was recorded. FIR was rightly relied upon by the courts below as a dying declaration on part of the deceased.