BHAGWAN SAHAY Vs. STATE OF U P

JUDGEMENT

(1.) S. K. Aganval, J. Heard learned Counsel for the applicant and learned AGA.

(2.) IT is contended by learned Counsel for the applicant that there are glaring circumstances available from the own papers of the investigating agency which exhibit without any dispute that this first information report was prepared sub sequent to the taking up of the investiga tion. In that connection he has drawn my attention to the general diary entry at page 33 of the paper book. IT is photostat copy of the chick F. I. R. At (he top of it where time of the occurrence and date of the occur rence is given the date of occurrence is 15-12-2000 and time of the occurrence is 4. 45 p. m. Time of report at the police station on the same day is shown as 20. 30 p. m. , i. e. , 8. 30 p. m. IT is further fortified from the statement of Head Moharrir Mewa Lal Verma, which is Annexure-11 to the bail application wherein he has ad mitted that on 15-12-2000 at about 20. 30 p. m. Le. , 8. 30 p. m. the informant Dhani Ram has visited the police station accompanied by Dilip Singh son of Gorey Lal ingh. He has handed over a copy of the written report which was scribed by Suraj Din Vishwakarma son of Babu Lal Vish-wakarma resident of village Sihari, Police Station Dhata, District Fatehpur in which the-applicant along with three others was nominated as assailant of the deceased. However, at the foot of this statement an explanation has been offered that he had handed over a copy of the chick first information report to the informant but the entry about it was made by him at about 18. 30 p. m. , i. e. , 6. 30 p. m. in the general diary. The explanation, it is contended, offered now during the investigation is per se false and an attempt is being made by the prosecution to explain this anomaly in this manner. There is yet another circumstance which exposes the falsity of this explana tion to the hilt. The circumstance accord ing to the learned Counsel for the ap plicant, is that a wireless message was flashed from the headquarter to all the police stations and the Station Officers with force were directed to reach the place of the occurrence in order to avoid any untoward incidents as a sequel this mur der. The Station Officer of Police Station Kishanpur in compliance of the aforesaid direction reached at the spot of occurrence at about 6. 40 p. m. with force. The senior police officers who arrived at the place of the occurrence and decided to hand over the investigation to Station Officer Police Station, Dhata. According to him this in vestigation was handed over to the Station Officer Kishanpur. Initially the in-vestagetting was taken up by the Station Officer Police Station, Kishanpur at about 6. 40 p. m. and he had taken over the inves tigation from Station Officer Police Sta tion, Dhata, by 6. 50 p. m. In all probability, it is further contended, that some oral information was received at the Police Sta tion, Dhata about the murder of Rajendra Singh. Excessive concern shown by the senior police officers is indicative of the fact that the deceased had some political background and there was apprehension of some disturbance. He has further pointed out to medical conflict as well. According to him four persons armed with country made pistols murdered the deceased. According to the post-mortem examination report there are two wounds of entry and three lacerated wounds, which according to him, in the circumstances, as, brought forth in the first information report are inconsistent with the version contained therein.