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26. In order to act upon the dying declaration, the court is required to examine whether the same was made by the declarant when he was in a fit condition and that too voluntarily. Normally the court in order to satisfy whether the declarant was in a fit mental condition to make the dying declaration deems it Patna High Court CR. APP (DB) No.69 of 1995 dt.09-12-2021 fit to look up to the medical opinion, in order to ascertain whether the declarant was conscious, well oriented and fit for making statement. On this aspect, evidence of the prosecution is far from satisfactory. Unsigned dying declaration (Ext.1) found in the case diary is not having any certificate of the doctor regarding fitness of the declarant to make a statement. At this juncture, evidence of Investigating Officer P.W. 14 Sudist Kumar Singh assumes importance. He has stated that on 20.10.1987, he tried to record the statement of Parmeshwar Lal Dokania at the Hospital but Parmeshwar Lal Dokania was unconscious. P.W. 13 Dr. Bindeshwari Prasad Singh told him that injections and medicines are being administered to Paremeshwar Lal Dokania and there is no possibility that he will regain unconsciousness. Thereafter, as claimed by P.W. 14 Sudist Kumar Singh, on 24.10.1987, he again went to the hospital for recording the statement of Parmeshwar Lal Dokania but at that time also Parmeshwar Lal Dokania was unconscious and sedatives were given to him. This Investigating Officer clarified how he got the dying declaration (Ext.1) recorded. As per his version on 28.10.1987, he got a telephonic information from the Hospital to the effect that Parmeshwar Lal Dokania is not responding to the medical treatment and therefore, he is Patna High Court CR. APP (DB) No.69 of 1995 dt.09-12-2021 being shifted from Saharsa to Patna by an aircraft. P.W. 14 Sudist Kumar Singh further added that he was further informed by the Hospital during that telephonic call that Parmeshwar Lal Dokania is fit to give the statement. Therefore, he reached at the Hospital with Dy. S. P. Mr. R. N. Singh and found that preparations were going on for taking Parmeshwar Lal Dokania and P.W. 8 Anil Kumar Dokania to Patna by an aircraft. This statement of the Investigating Officer thus implies that P.W. 8 Anil Kumar Dokania was with Parmeshwar Lal Dokania at that time. With this, the Investigating Officer stated that he recorded statement of Parmeshwar Lal Dokania in presence of P.W.4 Kanhaia Lal Aalampuria, P.W. 9 Pramod Kumar Agrawal and others. Thus, P.W. 14 Sudist Kumar Singh has not claimed that he got declarant Parmeshwar Lal Dokania medically examined either before or after recording his statement in order to assess physical as well as mental condition of Parmeshwar Lal Dokania for making a declaration. He has neither took signature of Parmeshwar Lal Dokania on the declaration nor put his own signature thereon. Though this Investigating Officer has claimed that the dying declaration (Ext.1) was recorded in presence of several persons including P.W.4 Kanhaia Lal Salampuria and P.W.9 Pramod Kumar Agrawal, the Investigating Officer has not Patna High Court CR. APP (DB) No.69 of 1995 dt.09-12-2021 even taken their signatures on the dying declaration with a flimsy reason that there is no practice of taking signature on the case diary. Even P.W. 8 Anil Kumar Dokania, in his evidence before the court has not supported the theory of recording the dying declaration of his deceased father Parmeshwar Lal Dokania by P.W. 14 Dudist Kumar Singh, the Investigating officer.