MOTI RAM Vs. STATE

JUDGEMENT

(1.) This is an unusual case. During its investigation the prosecuting agency arrested two sets of persons un-connected with each other for the murder of Baij Nath. This crime is alleged to have taken place at F-65, Shastri Nagar, Delhi at about 9-30 P.M. on 7th July, 1983. There were two different versions which were unearthed during investigation; one was that the appellants herein i.e., Moti Ram, Ashok Kumar and Ram Swarup bad committed that murder and the other was that Mahabir, Chetan, Des Raj, Jagdish, Ashok, Sudesh Kumar and Prem Chand had committed the same. The motive for committing the crime of one set i.e. the appellants was found to be different from the motive of the other sec. The last mentioned persons have been shown in Column 2 of report under Section 173 of the Code of Criminal Procedure implying thereby that they were not being sent for trial. The investigating Officer in his testimony admitted that the said persons had been named as the accused in this case after their involvement had been thoroughly investigated; statements under Section 161 of the Code of Criminal Procedure of number of arsons were recorded atleast statements of two of the witnesses were recorded under Section 164 of the Code of Criminal Procedure. Yet, only the appellants herein were sent for trial as in the view of the in- vestigating agency, the case against the seven persons mentioned in Column 2 of the said report had not been made out.

(2.) As the outset we may notice that the Investigating Officers in their statements before the court had not given any reason whatsoever for discarding the theory of the case involving those seven persons.

(3.) The reason given in the report under Section 173 of the Code which is not affirmed on Oath, is that those seven persons at 9.30 p.m. on 7th July, 1983 were drinking in the milk dairy known as Thakur Dairy of Udai Vir Singh and, therefore, could not have committed the crime at that very time. Thus the prosecution case is based on the fact that the crime had been commit- ted exactly at 9.30 P.M. on that day in the shop ot one Sata Nand (P.W.I) located in premises No. F-65, Shastri Nagar, Delhi.