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Showing contexts for: second dying declaration in State vs Vinod Gupta on 12 December, 2024Matching Fragments
I have given due consideration to the said arguments of Ld. Defence counsel. However, I am unable to be persuaded by the same for various reasons. Firstly, there is time gap between the arrival of the police and the discovery of the incident by the immediate neighbors. Rather PW-2 FIR No. 383/2015 State v. Vinod Gupta Page no. 31 of 41 Saraswati has deposed that police reached at the spot within 15-20 minutes. In case of dying declaration, the time gap of even few minutes can be crucial. Secondly, the dying declarations were heard by not one but three witnesses and none of them have deposed that Chanda @ Sweety had fainted or had bouts of unconsciousness at any time after the incident. Thirdly, since the incident happened in the dead of the night around 01:00 AM inside a private room, the neighbors could not have known about the incident unless any hue and cry was there. It may be noted that nobody else was residing with the deceased in her room to have alerted the neighbors about her condition. Thus, the alarming of the neighbors from their sleep by the cries of the deceased herself was the only means of discovery of incident in the dead of the night. This is in consonance with the fact that deceased was conscious after the assault. Fourthly, the dying declaration is not a detailed statement giving detailed narration of the event or the preceding events. The dying declaration is only one line statement ' vinod ne chakoo maar diya, chakoo maar diya '. Same is in consonance with the hue and cry which would be raised by an injured person under pain. Fifthly, even the testimony of PW-12 Harsahay appears to be false regarding the deceased being unconscious. Said observation of the Court stems from three documents i.e. the PCR form Ex.PW11/A, the MLC of deceased Ex.PW6/A and the log book entry of the PCR kite 09 Ex.PW12/D. In the PCR form the detailed action taken by the MPV (PCR vehicle) was FIR No. 383/2015 State v. Vinod Gupta Page no. 32 of 41 recorded with time stamps. It reflects 'report received from MPV: 258- 10/05/2015 01:48:25 Injured ko leker hospital ja rahe hain. Hosh me hai. Baki halat ke liye wait 10/05/2015 02:06:09 shruti w/o mukesh age 25 years jo bihar ki rehne wali hai apne pati se alag kiray per reh rahi hai pados mai hi vinod naam ladka jo bihar ka rehne wala hai isse shadi kerne chahta hai yeh shadi nahi kerne chahti issi baat per inka jhgra hua aur vinod iske paet mai chaku marker bhag gaya. SI Babu Lal with staff moka per the 10/05/2015 02:10:34 rcd trauma 10/05/2015 02:49:53 shruti ko hosh mai dct trauma centre ke through admit kra diya 10/05/2015 03:19:41 ghav jada tha". Therefore, said contemporaneous report categorically shows that deceased was conscious not even at the time of being taken from the spot but also when she reached at the hospital. Said report was not prepared by the IO of the case but contains the record of the PCR section which is an independent wing of the Delhi Police. Further, in the MLC Ex.PW6/A the examining doctor has noted various parameters of the patient/victim and in the heading H/O loss of consciousness there is a categorical 'NO'. Thus, the history of patient was recorded that she did not suffer any loss of consciousness. Moreover, in the MLC, the name of police official who brought the patient to the hospital is mentioned as Harsahay only (PW-12). Therefore, either the history was taken from the patient or from Harsahay. However, none of them gave history of loss of consciousness. Moreover, the entries in the MLC Ex.PW6/A about the FIR No. 383/2015 State v. Vinod Gupta Page no. 33 of 41 respiratory rate, GCS (Glasgow Coma Scale) and examination of pupils in the MLC correspond to a conscious person. GCS number between 3 and 15 measures a patient's level of consciousness with 15 being the best score. It may be noted that the total score of patient Sweety is mentioned as 15. Even the sub-parameters of GCS i.e. eye opening response, verbal response and motor response are rated as E-4, V-5, M-6 i.e. best scores corresponding to a fully conscious person. Her pupils readings are mentioned as "B/L NSRL" thereby implying that pupils had normal size and normal reaction. It may be noted that the time of examination of the patient is mentioned as 02:22:08 Hours in the said MLC. Thus, the injured Sweety @ Chanda was fully conscious even after about one hour of the incident. As per the MLC, the doctor has made the noting subsequently at 4:18AM that the patient is not fit for statement. However, the circumstances and the readings of the injured recorded in the MLC at the time of examination of patient categorically show that patient was in her full senses. Though the concerned doctor who prepared the MLC i.e. Dr. Mahavir Singh could not be examined by the prosecution as summons issued to him returned with the report that he had left the services from the concerned hospital. However, PW-6 Dr. Pranay working in the same institute (AIIMS Trauma Center) has identified his signatures on the MLC. Even otherwise, it was never disputed that Dr. Mahavir was not working in the said institute at the given time. Further, there is presumption of official FIR No. 383/2015 State v. Vinod Gupta Page no. 34 of 41 acts being regularly performed as per section 114 of Indian Evidence Act. Thus, there is no reason to doubt the findings in the MLC of the injured/deceased. More importantly, even the log book entry Ex.PW12/D proved by PW-12 Harsahay himself mentions relevant entry at 01:36 AM on its third page wherein it is mentioned that the caller Sweety W/o Mukesh, R/o G4, Aali Vihar, Near Lal Mandir had one person named Vinod living with her who wanted to get married to her but she did not want the same. There was quarrel in this regard and Vinod stabbed her with knife. SI Babulal and checking staff at spot. Said lady accompanied by her neighbor Sushil. However, it is nowhere mentioned in the said record that the victim was unconscious. Said fact was too material to be omitted in the logbook of PCR van transporting the injured to hospital. Therefore, the Court is of the view that PW-12 himself has deposed falsely regarding the deceased being in unconscious condition, for the reasons best known to him.