brought the victim to the hospital at around 7.40 a.m. It further records that the patient was conscious, responding and oriented. Soon after the incident DD No.7/A came to be recorded at Police Station Seema Puri at around 7.10 a.m. The information recorded in the said DD reveals that the petitioner was named to have hit an old man. Admittedly, the petitioner’s involvement had surfaced soon after the incident at 7.10 a.m. when DD No.7A came into existence. 5. The investigating officer lodged First Information Report after recording victim’s statement (Ex.PW-5/A) by sending rukka Ex.PW5/B on that very day at 10.50 a.m. In 313 Cr.P.C. statement, the petitioner admitted that the victim was alive at 12.00 noon when he was being given water and grapes by his daughter-in-law. In the statement (Ex.PW-5/A) which is to be treated as dying declaration as the declarant expired in the evening, he specifically implicated the petitioner for causing the accident while driving the Maruti Van bearing No. No.HR05G5654 in a rash and negligent manner from behind. The petitioner was acquainted and known to the petitioner being residing in the same vicinity. Nothing has emerged on record to infer if there was any animosity with the petitioner forcing the victim, who was on the verge of death, to implicate him for the injuries sustained by him. It is highly unbelievable that the victim would let the real culprit go scot free and falsely implicate an acquaintance with whom he had no prior enmity merely to claim compensation, as alleged. No valid reasons exist to disbelieve the contents of the statement (Ex.PW-5/A) given by the victim to the investigating officer. PW-5 (ASI Rakesh Tyagi) on receipt of DD No.7A reached along with Const.Rattan Singh at GTB
