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INQUEST REPORT u/Sec.174 Cr.P.C.


INQUEST REPORT U/Sec.174 of Cr.P.C. ITS OBJECT AND USAGE
CASE NO.: Appeal (crl.) 1183-1185 of 2004 PETITIONER: Radha Mohan Singh @ Lal Saheb & others RESPONDENT: State of U.P. DATE OF JUDGMENT: 20/01/2006 BENCH: K.G. BALAKRISHNAN, ARUN KUMAR & G.P. MATHUR (Also reported in 2007 Cri.L.J. 1121 = AIR 2006 SC 951) JUDGMENT:
J U D G M E N T WITH CRIMINAL APPEAL NO. 1186 OF 2004 Kaushal Kishore Singh & another ... Appellants Versus State of U.P. ... Respondent G.P. Mathur, J.

12. The provision for holding of inquest is contained in Section 174 Cr.P.C. and the heading of the Section is Police to enquire and report on suicide etc. Sub-sections (1) and (2) thereof read as under : 174. Police to enquire and report on suicide, etc. (1) When the officer in charge of a police station or some other police officer

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INQUEST REPORT u/Sec.174 Cr.P.C. - www.harjindersingh.in

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BOTH CIVIL & CRIMINAL CASES DUTIES OF PEOPLE IN AUTHORITY EASEMENT RIGHT EFFECT OF ADMISSIONS AND MUTUALLY DESTRUCTIVE PLEA IN PLEADINGS EXIBITING OF DOCUMENTS OBJECTED TO FINAL REPORT/CLOS REPORT MAGISTRATE'S POWER INHERENT POWERS AND FINAL ORDER INQUEST REPORT u/Sec.174 Cr.P.C. JUDICIAL OFFICERS - QN. OF SENIORITY MACC CASES DECEASED BACHELOR GRATUITOUS PASSENGER AND DRIVER WITHOUT DL. MACC LIMITED LIABILITY TO PAY MAINTENANCE U/Sec.125 Cr.P.C. TO AN EARNING WIFE. MERRITCUM-SENIORITY & SENIORITYCUM-MERRIT DISTINCTION NDPS ACT - SC RULINGS PARTITION SUIT AMENDMENT OF PRELIMINARY DEGREE PERJURY AND PUNISHMENT u/S.344 Cr.P.C. POLICE INACTION - SC DIRECTIONS QUESTION AND

specially empowered by the State Government in that behalf receives information that a person has committed suicide, or has been killed by another or by an animal or by machinery or by an accident, or has died under circumstances raising a reasonable suspicion that some other person has committed an offence, he shall immediately give intimation thereof to the nearest Executive Magistrate empowered to hold inquests, and, unless otherwise directed by any rule prescribed by the State Government, or by any general or special order of the District or Sub-divisional Magistrate, shall proceed to the place where the body of such deceased person is, and there, in the presence of two or more respectable inhabitants of the neighbourhood, shall make an investigation, and draw up a report of the apparent cause of death, describing such wounds, fractures, bruises, and other marks of injury as may be found on the body, and stating in what manner, or by what weapon or instrument (if any), such marks appear to have been inflicted. (2) The report shall be signed by such police officer and other persons, or by so many of them as concur therein, and shall be forthwith forwarded to the District Magistrate or the Sub- divisional Magistrate. The language of the aforesaid statutory provision is plain and simple and there is no ambiguity therein. An investigation under Section 174 is limited in scope and is confined to the ascertainment of the apparent cause of death. It is concerned with discovering whether in a given case the death was accidental, suicidal or homicidal or caused by animal and in what manner or by what weapon or instrument the injuries on the body appear to have been inflicted. It is for this limited purpose that persons acquainted with the facts of the case are summoned and examined under Section 175. The details of the overt acts are not necessary to be recorded in the inquest report. The question regarding the details as to how the deceased was assaulted or who assaulted him or under what circumstances he was assaulted or who are the witnesses of the assault is foreign to the ambit and

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INQUEST REPORT u/Sec.174 Cr.P.C. - www.harjindersingh.in

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ANSWER ROLE OF A JUDGE IN CRIMINAL TRIAL S.34 C.P.C. INTEREST RATE SC ON SENTENCING SYSTEM : PENOLOGY SEC.5 OF LIMITATION ACT CONDONATION OF DELAY OF 4 YEARS. SECOND FIR WHEN PERMISSIBLE SUBROGATION THE RIGHT OF PRIVATE DEFENCE WOMEN AND IDENTIFICATION OF STOLEN PROPERTY [Untitled] * EVICTION OF AN UNAUTHORIZED OCCUPANT * The Jurisdiction of the West Bengal Co-operative Tribunal *A CASE OF ARSON *A CONVICTION U/SEC.326 IPC *A FAILED DACOITY *A FAMILY FEUD AND MURDER *ABETMENT OF SUICIDE *ATTEMPT TO MURDER *BRIDE BURNING CORPSE SPEAKING *CIVIL REVISION REJECTED *CONVICTION DYING DECLARATION *COUNTER CLAIM OF THE TRUST *DIVORCE BY WAY OF CUSTOM IS ILLEGAL. *DOUBLE MURDER BY FEUDAL LORD

scope of proceedings under Section 174. Neither in practice nor in law it is necessary for the person holding the inquest to mention all these details. 13. In Podda Narayana v. State of A.P. AIR 1975 SC 1252 it was held that the proceedings under Section 174 have a very limited scope. The object of the proceedings is merely to ascertain whether a person has died under suspicious circumstances or an unnatural death and if so what is the apparent cause of the death. The question regarding the details as to how the deceased was assaulted or who assaulted him or under what circumstances he was assaulted is foreign to the ambit and scope of the proceedings under S. 174. Neither in practice nor in law was it necessary for the police to mention those details in the inquest report. It is, therefore, not necessary to enter all the details of the overt acts in the inquest report. Their omission is not sufficient to put the prosecution out of Court. In Shakila Khader v. Nausher Gama AIR 1975 SC 1324 the contention raised that non-mention of a person's name in the inquest report would show that he was not a eye- witness of the incident was repelled on the ground that an inquest under Section 174 Cr.P.C. is concerned with establishing the cause of death and only evidence necessary to establish it need be brought out. The same view was taken in Eqbal Baig v. State of Andhra Pradesh AIR 1987 SC 923 that the non-mention of name of an eye-witness in the inquest report could not be a ground to reject his testimony. Similarly, the absence of the name of the accused in the inquest report cannot lead to an inference that he was not present at the time of commission of the offence as the inquest report is not the statement of a person wherein all the names (accused and also the eye-witnesses) ought to have been mentioned. The view taken in Podda Narayana v. State of A.P. (supra) was approved by a three-Judge Bench in Khujji @ Surendra Tiwari v. State of Madhya Pradesh AIR 1991 SC 1853 and it was held that the testimony of an eye-witness could not be discarded on

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INQUEST REPORT u/Sec.174 Cr.P.C. - www.harjindersingh.in

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*MURDER FOR FAILED ATTEMPT TO RAPE. *REJECTION OF PROBATE APPLICATION *THE REVERSIONERS HAD NO RIGHT 2 G - AND SANCTION FOR PROSECUTION 7 HOSTILE WITNESSES CONVICTION AARUSHI MURDER CASE - COGNIZANCE AND BAIL ACP AND SELECTION GRADE. ACR BOOKLET ADVERSE POSSESSION (SUPREME COURT) ATTEMPT ON FORMER CJI BINDUBASINI - Water Connection files. BRIJMOHAN LAL Vs UNION OF INDIA CBI INVESTIGATION SC & HC CAN DIRECT CHARITABLE AND RELIGIOUS TRUSTS ACT, 1920 Chief justices, Conference CHILD LABOUR (PROHIBITION AND REGULATION) ACT, 1986 CHILDREN CO-OPERATIVE SOCIETY Disciplinary action against its employee COGNIZANCE OF OFFENCE BY COURT OF SESSIONS AGAINST A PERSON. COMMENTS ON THIS WEBSISTE COMMON INTENTION AND COMMON OBJECT :SC COMMON INTENTION,

the ground that their names did not figure in the inquest report prepared at the earliest point of time. The nature and purpose of inquest held under Section 174 Cr.P.C. was also explained in Amar Singh v. Balwinder Singh 2003 (2) SCC 518. In the said case the High Court had observed that the fact that the details about the occurrence were not mentioned in the inquest report showed that the investigating officer was not sure of the facts when the inquest report was prepared and the said feature of the case carried weight in favour of the accused. After noticing the language used in Section 174 Cr.P.C. and earlier decisions of this Court it was ruled that the High Court was clearly in error in observing as aforesaid or drawing any inference against the prosecution. Thus, it is well settled by a catena of decisions of this Court that the purpose of holding an inquest is very limited, viz., to ascertain as to whether a person has committed suicide or has been killed by another or by an animal or by machinery or by an accident or has died under circumstances raising a reasonable suspicion that some other person has committed an offence. There is absolutely no requirement in law of mentioning the details of the FIR, names of the accused or the names of the eye-witnesses or the gist of their statement nor it is required to be signed by any eye-witness. In Meharaj Singh v. State of U.P. (supra) the language used by the legislature in Section 174 Cr.P.C. was not taken note of nor the earlier decisions of this Court were referred to and some sweeping observations have been made which are not supported by the statutory provision. We are, therefore, of the opinion that the observations made in paras 11 and 12 of the reports do not represent the correct statement of law and they are hereby over-ruled. The challenge laid to the prosecution case by Shri Jain on the basis of the alleged infirmity or omission in the inquest report has, therefore, no substance and cannot be accepted. XXX

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INQUEST REPORT u/Sec.174 Cr.P.C. - www.harjindersingh.in

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CIRCUMSTANTIAL EVIDENCE, LAST SEEN TOGETHER, RECOVERY IN A MURDER CASE CONSUMER PROTECTION ACT, 1986 CONTEMPT OF COURTS ACT, 1971 COURT'S DECISION CANNOT OVER-RIDE THE EXPRESS PROVISION OF AN ACT CUSTODIAL TORTURE - NORMS LAID DOWN BY SC DEATH PENALTY : WHEN CAN BE IMPOSED DEATH SENTENCE OF KASAB Defering Cross Examination - S.231 Cr.P.C. DELHI GANG RAPE CASE DETAILS OF MY POSTINGS AS A JUDICIAL OFFICER. DETAILS OF MY POSTINGS AS JUDICIAL OFFICER. DISPOSAL OF PROPERTY DISTRICT JUDGE CADRE : INTERVIEW E C ACT CASES TRIAL e-PAYMENT OF SALARY EVIDENCE OF A RAPE VICTIM EX-PARTE ORDER OF INJUNCTION GUIDELINES BY SC F.I.R. NOT AN ENCYCLOPEDIA FACTORIES ACT, 1948 FREE LEGAL AID GENERAL CLAUSES ACT, 1897 GUARDIANS AND WARDS ACT, 1890 HIGH COURT ORDER

XXX

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INQUEST REPORT u/Sec.174 Cr.P.C. - www.harjindersingh.in

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REGARDING IMMOVABLE PROPERTY HINDU ADOPTIONS AND MAINTENANCE ACT, 1956 HINDU MARRIAGE ACT HINDU MINORITY AND GUARDIANSHIP ACT, 1956 HINDU SUCCESSION ACT, 1956 IMPORTANT FORMS IMPORTANT G.Os. IMPORTANT RULINGS (CIVIL) INDIAN DIVORCE ACT, 1869 INDIAN EASEMENT ACT, 1882 INDIAN EVIDENCE ACT INDIAN STAMPS ACT INTERPRETATION OF STATUTE SC INTERPRETATION OF STATUTES JUDGE YE NOT LEST YE BE JUDGED JUDGES (PROTECTION) ACT, 1985 JUDICIAL OFFICERS (NEW PAY SCALES) .GO.No.440/JD /L/2S-70/09 JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2000. LAND ACQUISITION ACT, 1894 LAST SEEN TOGETHER LATER JUDGEMENT OF THE SC LAW OF EVIDENCE CASE LAW LAW OF EVIDENCE Rulings (Courtesy: M.P. MURUGAN) LEGAL MAXIMS LIMITED ESTATE OF A WIDOW

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MATERIAL FOR CHARGE - NO COURT CAN OVER-RIDE AN ACT MINIMUM WAGES ACT, 1948 MOTOR VEHICLES ACT 1988 MY SUPER TIME SCALE OF PAY'S PAY SLIP NDPS ACT - SC RULINGS NDPS CASES ; ADJOURNMENTS DIRECTIONS OF SC NOTIFICATION DT. 17-01-2013 REGARDING SUPERTIME SCALE OF PAY NOTIFICATIONS OF MY POSTING NOTIFICATIONS REGARDING MY APPOINTMENT AS CHAIRMAN WBCT Pension - G.O. REGARDING PENSION - SINGLE COMPREHENSIVE FORM POWER U/Sec.204(1)(b) of Cr.P.C. POWERS OF ADDITIONAL DISTRICT JUDGES POWERSOF-ATTORNEY ACT, 1882 PROBATION OF OFFENDERS ACT 1958 PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT QUOTABLE QUOTES RAGGING AND THE LAW REGULARISATION OF SERVICE REJECTION OF MY REVIEW PETITION RIGHT TO

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INFORMATION ACT, 2005 SALE OF GOODS ACT, 1930 SC on FREEDOM of EXPRESSION. SC on RTE ACT Society for Un-aided Private Schools of Rajasthan Vs U.O.I. SC on STRICTURES AGAINST JUDICIAL OFFICERS SCHEDULE CASTES AND SCHEDULED TRIBE (PREVENTION OF ATROCITIES) ACT, 1989 SEC. 138 OF N.I. ACT - INGRADIENTS (SC) SENTENCE IN A RAPE CASE. SERVICE RULES IMMOVABLE PROPERTY SET OFF OF SENTENCE U/Sec.428 Cr.P.C. SHETTY COMMISSION REPORT some lighter moments in Court SOME RULINGS SPECIAL MARRIAGE ACT, 1954 SPECIFIC RELIEF ACT, 1963 SPEEDY TRIALRULINGS STAGES OF TRIAL IN A CRIMINAL COURT. SUPREME COURT IN SUNIL BATRA SUPREME COURT ON FAST TRACK COURTS SUSPENSION AND SUBSISTENCE ALLOWANCE T.M.A. Pai Foundations and others vs. State of Karnataka THE ADMINISTRATIVE TRIBUNALS ACT,

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1985 THE FOREIGNERS ACT, 1946 THE PASSPORT ACT 1967 THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 THE RIGHT TO INFORMATION ACT, 2005 TORTURE IN POLICE CUSTODY - STAY REFUSED. TWO MORE WEBSITES & A FORMULA WAQF PROPERTY : ADVERSE POSSESSION WEST BENGAL JUDICIAL (CONDITION OF SERVICE RULES, 2004. Sitemap

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