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2006 Supreme(Del) 1450

S.N.AGGARWAL
DINESH KUMAR – Appellant
Versus
STATE – Respondent


Advocates Appeared:
AKSHAI MALIK, F.HAQUE, Mukta Gupta, Rajdipa Behura


S. N. AGGARWAL, J.

( 1 ) THIS writ petition exposes a sad state of affair in the matter relating to investigation conducted by the local police relating to an incident that took place on 10. 3. 2006 in the wee hours within the jurisdiction of Police station Alipur. In the said incident, a young boy aged 21 years lost his life. A colour is given to the investigation as if the deceased Pramod who lost his life in the incident died by committing suicide. A FIR under Section 309 IPC was registered with Police Station Alipur. The deceased Pramod was taken in burnt condition to the Hospital where he was declared unconscious and unfit to make statement around 11. 30 A. M. on the date of incident itself. He was declared fit for his statement the next day, i. e. , 11. 3. 2006, when his dying declaration was recorded by the SDM.

( 2 ) MY attention has been drawn to the dying declaration of the deceased recorded by the SDM which is in question and answer form. The said dying declaration is at pages 18 and 19 of the paper book. I have gone through the same and given my anxious consideration to the answers given by the deceased to the SDM.

( 3 ) A perusal of the said dying declaration points





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