Indian Kanoon - Search engine for Indian Law

73. Further, claim of PW22 Shaukat Ali (as reflected from testimony of second IO PW27) that his statement Ex.PW22/DA under section 161 CrPC had been written by the first IO Inspector Inder Singh on his own, declaring the firing as an accidental one does not sound untruthful. For, if in his signed complaint dated 29.12.1994, Ex.PW22/DC Shaukat Ali could at length describe reasons for his suspicion of foul play, it is unbelievable that in unsigned statement Ex.PW22/DA on same day Shaukat Ali would call it S.C. NO.119/05 Page 61 of 160 pages an accidental firing. Besides, the natural course during investigations is that a statement of dead body identification is a formal one and never bears any part on merits; the first IO in his over keenness to shield the accused inserted the term "ittafaqiya" (accidental) in statement Ex.PW22/DA under section 161 CrPC, not expecting that PW22 Shaukat Ali would send signed complaint Ex.PW22/DC on the same day alleging foul play.