SULABH JAIN Vs. STATE OF M P

JUDGEMENT

(1.) Heard on the question of admission.

(2.) On 2-3-2009 an FIR was lodged by the first informant Shefali Goel (P.W. 12) that an incident took place on 2-3-2009 at 18:30 hours in which Princy Jain (since deceased) sustained gun shot injury. The Police Station, M.P. Nagar, Bhopal has registered Crime No. 129-2009 for the offence under Section 302 of IPC. It is alleged that the petitioner is said to have caused gun shot injury to Princy Jain. The Court statement of P.W. 1 to P.W. 14 were recorded between 20-8-2009 to 26-3-2010.

(3.) During the trial an application was filed by Om Prakash, father of the deceased-Princy Jain, wherein it was stated that prior to the incident of 2-3-2009, at Police Station Ganj Basoda, Adesh Jain, uncle of the accused Sulabh Jain has lodged false report against deceased Princy Jain and his family members and in this connection Om Prakash Jain has submitted an application on 17-11-2008 to the DIG, Bhopal alleging that he and his family members are being harassed by Sulabh Jain and his family members at which the then DIG (Ashok Awasthi) had got recorded the statement of Om Prakash, Nikesh, Princy (deceased) etc. It is stated that in these statements Princy Jain had alleged that the present applicant Sulabh Jain had been threatening to kill her and he may do some untoward with her. It is prayed by the complainant that the statement of deceased Princy Jain given to DIG, Bhopal be treated as dying declaration under Section 32 of the Evidence Act.