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/home/reader/Praveen Singhania/304-Spl. FTC/2013/September, 2013/Judgment (Sep., 12)/Ram Singh and another 114-13 Vasant Vihar.odt
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and prepared his report Ex.PW-71/C and then sent it to the Investigating Officer vide forwarding letter Ex.PW-71/B. He proved the dental models of all the accused persons (colly) as Ex.PW-71/C.
23. Death of the prosecutrix The prosecutrix died on 29-12-2012 at Mount Elizabeth Hospital, Singapore. PW34 Dr. Paul Chui, Forensic Pathologist, Health Sciences Authority, Singapore, deposed that the exact time of her death was 4.45 PM of 29.12.12. The death occurred at Mt. Elizabeth Hospital and the cause of death was Sepsis with multiple organ failure following multiple injuries. He proved the original postmortem report Ex.PW-34/A ; its scanned copy Ex.PW-34/B ; Toxicology report dated 4-1-2013 as Ex.PW-34/C. In the postmortem report Ex. PW34/A, besides other serious injuries, various bite marks have been observed on her face, lips, jaw, near ear, on the right and left breasts, left upper arm, right lower limb, right upper State vs. Ram Singh and another P.S. : Vasant Vihar, New Delhi.
/home/reader/Praveen Singhania/304-Spl. FTC/2013/September, 2013/Judgment (Sep., 12)/Ram Singh and another 114-13 Vasant Vihar.odt
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the circumstances leading to her death and the person behind her death.
(c) It was also argued by the Ld. defence counsels that the declarations made by the prosecutrix be not treated as dying declarations as the prosecutrix died on 29-12-2012, i.e., much later than such statements were made, hence such statements were not made in anticipation of death. The said contention is also useless as the Indian law being slightly different from the English law do not contemplate the making of such statement in anticipation of death, per section 32(1) of the Indian Evidence Act, which too clarifies this position.
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caution.
(h) Yet another argument was raised by the ld defence counsels that the prosecutrix died prior to her transportation to Singapore. The document Ex.PW60/D was referred to wherein her date of death is mentioned as 21-12-2012. I have examined the said document. It appears to be an inadvertent mistake as the connecting documents rather show the date of death of the prosecutrix as 29-12-2012. Moreso if the deceased died on 21-12-2012 then how on 25-12-2012 the Ld. MM recorded her dying declaration Ex.PW30/D-1. Hence, an incorrect recording of the date of death would never benefit the accused in any manner, as also some unimportant / inadvertent cuttings or overwriting of date(s) on some documents.
(f) the victims were dumped in front of Delhi Airport
after the crime, and
(g) the prosecutrix died due to injuries inflicted by
accused ;
(h) the DNA profile from the burnt cloth pieces found
near the bus Ex.P1 were found to be of male original consistent with the DNA profile of the complainant, also established the destruction of evidence.