KADIR AHMED Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE Investigating Officer is also present. On enquiry, he informed the Court that by some mistake he made a wrong endorsement in his diary that the patient was fit for giving a dying declaration. According to the report of the doctor, the patient was unconscious and unfit for making the dying declaration. He however submits that had he had received the information that the patient was fit for making the dying declaration, then he would have certainly issued a memorandum for recording the dying declaration.

(2.) SMT . Ahuja submits that at about 9.45 p.m., in reply to the query made by the Investigating Officer, the doctor on duty informed the said Officer that the patient was unconscious and unfit for making the dying declaration. She further submits that if that is so the statements of Jamal Begum and number of others that the deceased made the dying declaration in their presence at 10 p.m. would be a tell -tale. She submits that the applicant deserves to be released on bail. On the other hand, learned counsel for the State submits that there is no reason to disbelieve the statements of the persons before whom the deceased had made dying declaration and as the first wife of the applicant also died of burn injuries, the applicant does not deserve to be released on bail.

(3.) UNDISPUTEDLY at about 9.45 p.m., according to the report of the doctor, the deceased was unconscious and was unable to give dying declaration. From the statements of the witnesses though it would appear that about 10 p.m., the deceased made dying declaration, but the doctor's report would give serious dent to the said statements. Taking into consideration the totality of the circumstances, I consider present to be a fit case for admitting the applicant to bail.