U.T. CHANDIGARH Vs. SUNIL DUTT

JUDGEMENT

(1.) THIS revision has been directed against the order dated 24.11.1994 passed by learned Sessions Judge, Chandigarh, discharging the respondent herein, against whom FIR No. 214 dated 4.6.1993 came to be registered under Section 304-B of the Indian Penal Code. A detailed order discharging the respondent was passed. Relevant features of the case, however, need a necessary mention. Sunil Dutt, respondent herein, was forwarded for trial by the Station House Officer, Police Station Central, Chandigarh, on the basis of the report under Section 173 Cr.P.C. dated 3.6.1994. While considering the question of charge, learned Sessions Judge found that it was a case where dying declaration has since been recorded by Shri Ashwani Kumar, Executive Magistrate, Chandigarh, on the very day when the deceased Madhu Sharma got fire injuries and ultimately died on 4.6.1994. The said dying declaration, as mentioned above, recorded by the Executive Magistrate has been mentioned in the order, which reads thus :-

(2.) THE FIR, however, came to be recorded on the statement of father of deceased Madhu Sharma, which was made before the concerned police officer on 4.6.1994.