NINGAPPA Vs. CIRCLE POLICE INSPECTOR

JUDGEMENT

(1.) THIS appeal is filed questioning the order dated 16.06.2014 passed in W.P. No. 84286/14 by which the learned Single Judge has refused to order for reinvestigation of Crime No. 157/2010 registered in Badami Police Station.

(2.) RECORDS reveal that Yallappa son of Huchappa Hebballi who was working as a Police Constable in KSRP, Bijapur, was found dead on the railway tracks in the morning of 15.07.2010. Deceased Yallappa had married Smt. Netravati @ Chennamma of Badami. House of the brother of Yallappa was also situated at Badami during the relevant period. After visiting his brother's house deceased Yallappa had been to the house of his wife at about 6.00 p.m. on 14.07.2010. He allegedly was fully drunk and quarreled with the inmates of the house of his father in law, i.e., father of Smt. Netravati. He left his in laws house at about 09.00 p.m. on 04.07.2010 and thereafter he was not seen by anybody. As aforementioned his dead body was found on the next day, i.e., 15.07.2010 on railway tracks of Badami Lakamapur railway.

(3.) SRI Kandagal, learned counsel appearing for the appellant vehemently contended that the investigating officers have not examined the accused persons who are the father -in -law, mother -in -law and brother -in -law; they have falsely recorded further statements of certain witnesses, namely Shantha wife of Shivakumarswamy Yaragambalimath, Veeranna son of Veerabhadrappa Hirthi and Thippanna Fakirappa Atagali in order to discard their earlier statements made before the Railway Police. According to him, the Investigation Officer of Badami Police had improperly conducted the investigation.