MANBHAWATI DEVI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned AGA.

(2.) It is contended by learned counsel for the applicant that the husband of the applicant was missing for a considerably long time. She was living along with her children with her aged in laws since then. On the date of incident according to her confessional statement she had called Shashi Ranjan Pandey and her own unmarried sister Km. Sita for her help.

(3.) It is further available from her confessional statement that these three persons the applicant, Km. Sita and Shashi Ranjan Pandey connived and committed these two murder. The story as contained in her confessional statement has many snags. The story reveals that Sita has sustained injuries while assaulting the mother in law and applicant had gagged her mouth. She had also pressed her legs. The deceased was finally killed by Satish with a Dav as Sita was unable to do it. The other deceased, father-in-law was done away with by Satish alone. This accused too had sustained number of injuries which were caused by a spindle shaped sharp edged weapon and Sita's injuries are caused by some blunt object or weapon. The prosecution evidence is such that these injuries remain wholly unexplained. These injuries on their person are such in nature that this lame duck explanation indicates that the Investigating Officer has adopted a highly short sighted approach in this case. It appears to have ignored all other possible angles of the case and has failed to appreciate that they may have been caused or inflicted by some other person. It has also failed to take into account the aspect of gumshudagi of her husband who was the only son of her in laws. It has also not evaluated who could be the possible beneficiaries from these murders. What benefit this applicant is entitled to from their assassination. It has also not considered that she has children, male and female, who shall be direct heirs of the estate of the deceased couple. She was not going to have any immediate benefit. This demolishes existence of any motive against her. The deceased couple had sufficient landed property and cash. They have five sons in laws. Some of whom are living in the samevillage. To what extent they shall be benefitted by the murder of these two and involvement of this applicant in their murder. Her minor kids will live a life of orphanage in her absence. The son in laws have applied for mutation of their name on the property of the two deceased within three months prob- ably immediately after charge-sheet. It creates a big room for suspicion in the quality and correctness of this investigation. Its intentions are explicit and it leaves much to be desired. It has suffered due to serious lapse on the part of senior officials such as Circle Officer, who is that immediate superior to whom all the parchas of case diary are sent by the investigating Officer on a day to day basis. The next senior official is either Superintendent of Police Rural or City or S.S.P. But it appears that none of them could find any time to check the activity of the Investigating Officer. It is a pity that these Superior Officers do not find time from either due to sycophancy or from attending the V.V.I.Ps. ministers Central and State both who used to be present in the districts almost every day. This dereliction from their legal as well as social obligation on the part of these senior officials has brought the investigation process to such a callous pass. It has provided the Investigating Officers long rope to work according to their whims. They also expose to fore the collusive character of the investigation. Time and again these situations were brought to the notice of the highest authorities as well as the Government of the State but no concrete steps apparently have been taken as yet in this regard by any one of them. It is a matter of serious concern. The need to create a separate cell in each and every district under some Senior Official to keep a regular vigil over our primitive method of investigation from completely going haywire is more seriously felt in the present state of lawlessness in the State. The Officials appointed to this cell should not be enjoined with any V.I.P. duties.