Media statement can’t be conclusively treated as dying declaration: Madhya Pradesh High Court

The court held that the alleged media statement, its authenticity and its evidentiary value would have to be established in accordance with law, adding they are “matters requiring proof.”

The case

The case arose from an incident of April 16, 2020, when, according to the petitioner, Banshilal was returning from his field after feeding a cow when he was allegedly assaulted by police personnel posted at Gora Bazar Police Station in Jabalpur. He sustained injuries, was admitted to hospital and died four days later.

The deceased’s wife alleged that before his death, Banshilal spoke to electronic media and named the police personnel he held responsible for the alleged assault. She relied on the statement as material in the nature of a dying declaration and also placed before the authorities photographs, newspaper cuttings, merg intimation (initial police report), panchnama, hospital records and the post-mortem report.

The district administration had also granted Rs 50,000 as ex-gratia assistance to the family. The petitioner submitted complaints to the Superintendent of Police on June 12 and June 25, 2020, but, according to her, no FIR was registered.

She thereafter, approached the Judicial Magistrate First Class, Jabalpur, seeking a direction for registration of an FIR.

The Magistrate, after calling for the police report and considering material collected during the merg proceedings, declined to direct registration of an FIR on September 13, 2021. Instead, the court directed that the matter be proceeded with as a complaint under Section 200 CrPC. A criminal revision against that order was subsequently dismissed by the Second Additional Sessions Judge, Jabalpur on February 17, 2022.

Challenging both orders before the HC, the petitioner’s counsel Arvind Kumar Shrivastava argued that the courts had failed to properly appreciate the material on record, particularly the statement of the deceased before the electronic media.

The petitioner also alleged that the post-mortem report had been manipulated and argued that the photographs, medical documents and ex-gratia payment supported the allegation of assault.

The respondents disputed the allegations and told the HC that the matter had already been subjected to several inquiries. According to them, an investigation had been conducted during the merg proceedings, statements of relevant persons had been recorded, CCTV footage and other material examined, and medical and forensic reports obtained.

The respondents further pointed to a magisterial inquiry and departmental inquiry, contending that neither had substantiated the allegation of assault by police personnel.

‘Bleeding could occur due to illness’

The medical evidence was also relied upon by the respondents. The court noted that an opinion obtained from the Department of Forensic Medicine, NSCB Medical College, Jabalpur, indicated that there was “no injury… and that bleeding could occur on account of illness of the kidney, lungs or liver.” The FSL reports, according to the respondents, did not disclose the presence of any chemical poison.

The High Court declined to undertake a fresh assessment of the competing material while exercising its inherent jurisdiction.

The court also rejected the petitioner’s reliance on the ex-gratia payment as corroborative proof of the allegations, observing that it cannot “by itself establish homicidal death or involvement of the police personnel.”

On the allegation that the post-mortem report had been manipulated, the HC said it was a disputed factual assertion “unsupported by any cogent material.” At the same time, it noted that the respondents had placed medical opinions, FSL reports and inquiry reports on record.

The HC also noted that dismissal of the plea seeking an FIR did not leave the petitioner without a legal remedy.