Bhopal: Weak dying declaration, which failed to stand before the court, saved three brothers of Mangalwara from being convicted in a two-year old murder case. It also raised fingers at the working of police. The dying declaration of 95 per cent burnt youth was taken when he was not in a condition to speak.
The incident took place in November 2016 at Mangalwara and the three brothers were the accused. Police had made dying declaration even when youth was not in condition to speak, as per the doctor. Secondly, dying declaration had no endorsement
ADJ (5th) Shiv Balak Sahu acquitted Rajendra Sahu, Jitendra Sahu and Dharmendra Sahu of Mangalwara acquitted of murder charges. As per the allegations, the accused burnt Damu alias Sadiq when he was sleeping in his auto rickshaw at 3:30 am. All the three brothers were arrested and they were denied bail. Managalwara police had registered a case of attempt to murder against the trio as they allegedly poured kerosene and set Damu afire.
Advocate Pradeep Jain, who appeared on behalf of Sahu brothers, said, “ADJ court has acquitted the three brothers as dying declaration had many lapses. Firstly, there was no endorsement of the declaration by any authority and it was recorded by just a police man. Doctors said that when Damu was admitted, he had suffered 95 per cent burns and he was not in a condition to speak. I exposed the lapses before the court and succeeded in disproving the charges of murder.”