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Chanda @ Chandu (Smt.) vs. State of Rajasthan

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Evidence Act, 1872–Sec. 27–Recovery of a dead body in furtherance of information–Reliability–Claim of Investigation Officer that he gave the requisition to SDM and, thereafter, the skeleton was disinterred–No reference in the memorandum of recovery of body as regard to the information provided u/s. 27–Further, no reference that the SDM and Circle Officer were present at the time of recovery of the body whereas this fact was claimed by PW 2–If the SDM was present at the time of exhumation proceedings, he was expected to attest/affirm the same–This fact is an afterthought for seeking validation of the tainted exhumation proceedings–Circumstance of information u/s. 27 is liable to be discarded.