Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

Criminal Appeal, 849,962 of 2008, Judgment Date: Sep 24, 2021

Law laid down -

Recording of Dying Declaration by Investigating Officers - Held - Regulation No.742 of M.P. Police Regulation stipulating assessment of condition of injured by Medical Officer before recording such dying declaration needs to be adhered to. Further, it should also be explained as to why the service of Magistrate could not be requisitioned for recording of dying declaration.

Case involves allegations of committing triple murder - Role of Investigating Officer found to be extremely unprofessional, with not only major lapses but also indications of actual concocted dying declaration – Initiation of proceedings under M.P. Civil Services (Pension) Rules 1976 recommended against Investigating Officer.

Bhagwan Singh S/o Bherusingh and others Versus State of Madhya Pradesh

Sohan Singh S/o Ragunath Singh and Another Versus State of Madhya Pradesh