JUDGEMENT
Kanwaljit Singh Ahluwalia, J. -
(1.) On 26th of January, 2006, Dataram (PW -5) was manning Gate No. 472 on the Railway Line. His duty hours were from 12:00 o'clock in the night to 08:00 o'clock in the morning. He learnt that the dead -body was lying between two railway lines. On the directions of the Supervisor, he lodged written -report (Exhibit -P/5).
(2.) The said written -report (Exhibit -P/5), when translated into English reads as under: -
"To,
The Station House Officer,Maniya, District Dholpur (Rajasthan),
Sir,
It is submitted that some unknown person has been run over by the train. His dead -body is lying at 1310/2 -4 E.P. (Pole) Down Road. Necessary legal action be taken."
PW -5Unit No. 49.A. Sd/ - B26.01.2006"
(3.) Assistant Sub -Inspector, Police Station, Maniya, Raghuveer Singh (PW -16) on receipt of above said written -report (Exhibit -P/5) proceeded to the spot. He took into possession dead -body, which was identified by Suresh (PW -6). He carried inquest proceeding vide Exhibit -P/6 and made description of the place of occurrence vide Exhibit -P/11, which was attested by Suresh. He had sent the dead -body for the Post Mortem. Ranveer (PW -12) had also attested site -plan of the spot. He also attested memo Exhibit -P/14, whereby blood stained soil, controlled soil and simple soil were taken into possession. Ranveer (PW -12) whoever on other material facts has not supported the prosecution case and was declared hostile.;
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