STATE Vs. MOHD IQBAL GHAZI

JUDGEMENT

(1.) AKBAR was admitted at GTB Hospital on 19. 3. 2003. Medical record prepared at time of admission in the hospital records that Akbar was suffering from acute pulmonary-cum-respiratory disorder and was complaining of acute breathlessness. Past history of Akbar was recorded by noting that he was a known smoker and was an alcoholic. Akbar remained an indoor patient till 21. 3. 2003. He expired on 21. 3. 2003 at about 1. 40 pm. Death certificate recorded cause of death : OPD " Carpulmnaire with hypotemensia; (meaning thereby, Chronic obstructive disease with enlarged heart and septicimia and low blood pressure ).

(2.) MOHD. IQBAL Ghazi lodged a complaint with the Commissioner of police on 4. 6. 2003 alleging that Akbar was murdered by Sh. Vivek Gogia, DCP north-East District, Delhi and Sh. Gurcharan Das, SHO PS Seelampur. He alleged that the local police had registered numerous false cases against his son and that pertaining to one such false case being FIR No. 212/2000, Sh. Vivek Gogia and sh. Gurcharan Das were pressurizing Akbar to give false evidence. He alleged that Akbar resisted the pressure from the said police officers. He alleged that proceedings pertaining to FIR No. 212/2000 were to be taken up by Sh. Sanjeev aggarwal, Metropolitan Magistrate, Delhi on 27. 2. 2003 and that Akbar reached the court intending to tell the truth to the learned Metropolitan Magistrate but could not do so as the learned Magistrate was on leave. He stated that on 27. 2. 2003 itself, Akbar swore an affidavit before an Oath Commissioner recording:-

(3.) MOHD. IQBAL Ghazi further alleged in his complaint that on 4. 6. 2003 he learnt that Akbar had died and that when he went to Akbar's house, he learnt from the children of Akbar that Akbar remained untraceable from 17. 3. 2003 to 19. 3. 2003 and that Akbar was found lying unconscious next to his house in the morning and was removed to GTB Hospital where he died on 21. 3. 2003. He stated that Akbar's children gave him some papers which included the affidavit dated 27. 2. 2003.