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Showing contexts for: post mortem in Rabia @ Mamta & Anr vs Nct Of Delhi & Ors on 3 December, 2015Matching Fragments
"In the light of the examination of witnesses and post mortem report and other documents filed it is evident, that the deceased Shanu died due to asphyxia caused by compression of neck. The internal injuries on the neck of the deceased show that force was applied by the broad object on the neck of the deceased due to which the deceased expired. The medical evidence on record clearly proves that this is not a case of natural death and rather it is a case of homicide. The issue whether it is a case of intentional killing is beyond the scope of this enquiry and can only be ascertained once proper investigation is carried out. The DCP concerned is accordingly directed to take appropriate action for proper investigation is carried out. The DCP concerned is accordingly directed to take appropriate action for proper investigation in the matter by registration of FIR."
4) Since the subject FIR has been registered against "unknown persons", the SIT shall forthwith investigate and ascertain the identity of the said "unknown persons", who perpetrated the unspeakable crime.
5) The SIT shall take into custody the report of the concerned Sub Divisional Magistrate qua the inquest into the custodial death of Shahnawaz Chaudhari as well as the video recording of the post-mortem conducted on the body of Shahnawaz Chaudhari.
10) Since the subject FIR has been registered against "unknown persons", the SIT shall forthwith investigate and ascertain the identity of the said "unknown persons", who perpetrated the unspeakable crime.
11) The SIT shall take into custody the report of the concerned Sub Divisional Magistrate qua the inquest into the custodial death of Shahnawaz Chaudhari as well as the video recording of the post-mortem conducted on the body of Shahnawaz Chaudhari.
26. Mr. Uppal, learned Senior Counsel has canvassed that the SIT must be permitted to firstly obtain a second opinion on the basis of the post-mortem report of Shahnawaz Chaudhari in order to establish which amongst the 23 injuries suffered by the latter caused his death and by what "mode". Mr. Uppal, learned Senior Counsel would then urge that the CFSL ought to furnish a report recreating the scene of the crime including the possible injuries suffered by Shahnawaz Chaudhari whilst he was in the ERV (a vehicle which the police used to transport him from the site to the concerned police station and onward to the hospital where he was pronounced 'brought dead'). According to Mr. Uppal, learned Senior Counsel, the CFSL report in this behalf would establish the cause of death. Lastly, it was urged by Mr. Kirti Uppal, learned Senior Counsel that the FSL report needs to be obtained from the latter on the viscera which has already been dispatched to the them.