Saturday, 6 June 2015

EXHUMATION DEADBODY



EXHUMATION AND DISINTERMENT

IN THE COURT OF (NAME OF THE JUDGE),
JUDICIAL MAGISTRATE 1ST CLASS,
(NAME OF THE CITY)

            (NAME OF THE PETITIONER)               VS         The State

Case FIR NO.         000/000
Offence U/S.        302/147/149-PPC
Police Station.      (NAME OF THE CITY)
ORDER:
28.05.0000
PRESENT:       Learned counsel for the petitioner.
                        Petitioner (NAME OF THE PETITIONER) has filed the instant application for exhumation/disinterment of deceased (NAME) on the ground that the medical officer who conducted the postmortem  of deceased which is PMR No.00/0000, dated 00.00.0000, Divisional Headquarters  Hospital (NAME OF THE CITY) has in connivance with the accused persons opined that the injuries sustained by the deceased may be a result of him being fallen from height. The petitioner has prayed that exhumation of deceased (NAME) be conducted to find out the real cause of death.
                         Notice to state was issued and record was summoned.
                  Petitioner has produced two witnesses, the statements whereof have been recorded.
                         Arguments heard, record perused.
                       Perusal of the record reveals that the petitioner has filed the instant application , mainly on the ground that the real cause of death of the deceased was not shown  on the postmortem report. The petitioner has raised suspicion regarding cause  of death mentioned in postmortem report. In these circumstances, the  only mode whereby cause of death of deceased ( NAME) can be examined is the exhumation and the same appears to be expedient. Therefore in  the interest of justice  this application is accepted. Exhumation shall be conducted on ( DATE)
                       Robkar be issue to Medical Superintendent, DHQ hospital (NAME OF THE  CITY) to constitute  District Medical Board for the purpose of exhumation and under  intimation to this court.
              Robkar also to be issue to the SHO, P.S (NAME OF THE CITY) for making necessary arrangements for exhumation. Copy of this order and that of the application be appended with the Robkar(s).
Announced
00.00.0000                                           
                                                                   Judicial Magistrate 1st Class
                                                                       (NAME OF THE CITY)  

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