Code of Criminal Procedure, 1973–Sec. 319–Order of allowing the application–Sustainability –Deceased was unconscious when he was taken to the hospital–Doctor stated that he was not in the condition of giving the statements and during the treatment, his death occurred–Contradiction as regard to his contact with his family members–Grave contradiction as regard to stating the number and names of assailants by him–Contradictory and inconsistent evidence over the issue that when and where the deceased disclosed the names of assailants–Held, impugned order is liable to be set aside.
