JAY NATH YADAV Vs. STATE OF U P

JUDGEMENT

(1.) POONAM Srivastava, J. Heard Shri D. S. Mishra, Counsel for the applicant and learned AGA for the State.

(2.) AN impleadment application was filed on behalf of the complainant, wife of the deceased, Smt. Shakuntala Devi, on 8-4- 2005. Shri V. P. Srivastava, Advocate, appears on behalf of the complainant, the newly impleaded opposite party.

(3.) THE facts giving rise to the dispute are that on 26-10-1995, Kripa Shankar Shukla, husband of the newly impleaded party Smt. Shakuntala Devi, was done to death by Swami Nath Yadav and others. After committing murder, the dead-body of the deceased was thrown into a well. THE present applicant was posted as Sub- Inspector at Police Station Bansdeeh who took over as Investigating Officer. It is alleged that he colluded with the accused in the murder case of Kripa Shanker Shukla and with the help of the doctor who performed autopsy on the body of the deceased, manufactured certain documents in a manner so that death of the deceased appeared to be accidental. This was done with a deliberate and conscious effort to help the accused. THE complainant made a representation for change of Investigating Agency and consequently the investigation was handed over to C. B. C. I. D. After completing the investigation, the C. B. C. I. D. submitted charge-sheet against the accused. THE Investigating Agency was also of the view that the doctor and the present applicant had misused their official powers with view to screen the offenders and created forged documents. THE murder case was registered at case Crime No. 103 of 1996 under Sections 147, 148, 302, 201, 218 and 120-B, IPC. Perusal of the FIR shows that there were altogether seven named accused. THE name of the present applicant was mentioned at Serial No. 6 and Dr. Vinod Kumar Rai, Sadar Hospital, Ballia, was arrayed as accused No. 7. THE C. B. C. I. D. was of the view that the applicant has misused his powers as an Investigating Officer with an ulterior motive and for personal gains with a conscious effort to screen the offenders.