B D SHARMA Vs. JAGMOHAN

JUDGEMENT

(1.) THIS criminal revision petition has been preferred by SI B.D.Sharma, impugning the directions given by learned ASJ to SHO P.S. New Ashok Nagar vide order dated 16th September, 2006, to register a case against the petitioner and with further directions to get the investigation conducted by an Officer not below the rank of Assistant Commissioner of Police.

(2.) SUCCINCTLY stated the facts leading to registration of FIR No.161/2005 under Section 302 IPC P.S. New Ashok Nagar, are that one Nazira @ Munni, after divorce from her first husband married the accused Jagmohan and started living with him. She also had a son, namely, Gulab from her previous husband. On 18th August, 2004, when she returned from her work, she found her husband Jagmohan present at home but Gulab was lying unconscious. She took her son to LBS Hospital, Khichiripur, Delhi, where he was declared brought dead.

(3.) AFTER examining some material witnesses, the learned ASJ acquitted the accused for the reason that the heel imprint noticed on the body of Gulab was of smaller size. Even in the Court, Dr.Vinay Kumar Singh, who conducted the post mortem, was asked to take the measurement of heel imprint of accused Jagmohan and compare it with the imprint found on the body of Gulab. On getting the opinion of Dr.Vinay Kumar Singh that heel imprint on the dead body was not that of the accused, assault by the accused on Gulab was ruled out. While observing that Munni, mother of the child victim had also been murdered, a vacuum had come in the evidence, learned ASJ acquitted the accused but at the same time in para 11 of the judgment issued the following direction: "B.D.Sharma SI entered the witness box to project as to how callous he was, when he handled the case. He admits that autopsy on dead body of Gulab was got conducted. According to him, since parents of Gulab did not lodge any complaint, no legal action was initiated. As detailed above, death of Gulab occurred on account of homicidal or accidental act. In such situation, it was bounded duty of B.D.Sharma SI to initiate a legal action, for a congnizable offence was committed. B.D.Sharma SI opted not to obey commands of law. He slept over the matter and went it slumbers. Valuable evidence was lost on account of omission on the part of this officer. His act and conduct are not in conformity with responsibility, which lies on his shoulders. Considering all these facts, SHO PS New Ashok Nagar, Delhi is commanded to register a case against B.D.Sharma SI, investigation of which would be taken up by an officer not below the rank of Assistant Commissioner of Police, under intimation to this Court."