ASHOK KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS petition u/Article 226 of the Constitution of India is for issue of a writ of habeas corpus to set the petitioner, Ashok Kumar Singh, at liberty who is an under-trial prisoner in a case Crime no. 78 of 1987, under sections 504/302 of the Indian Penal Code, Police Station Pisawan district Sitapur.

(2.) AN FIR for the said offence appears to have been lodged against the petitioner on 9-6-1987 at about 8.30 A.M. at Police Station Pisawan, district Sitapur by one Raj Kumar. A police party led by S. I. Gajendra Pal Singh went to the house of the petitioner where he was arrested and his licensed gun was seized by the police. A recovery memo, annexure CA-2, was prepared by S. I. Gajendra Pal Singh. The petitioner under arrest along with the seized gun was taken to police station Pisawan the same day where he was put in the lock-up and an entry was made in the General Diary on 9-6-1987 by S. I. Gajendra Pal Singh, annexure CA-1.

(3.) THE learned Assistant Government Advocate then refers to the averments of S. I. Gajendra Pal Singh in his above mentioned affidavit filed in the court of Sessions Judge where he said that at the time of arresst the petitioner, Ashok Kumar was informed that he committed the murder of the uncle of Raj Kumar resident of village Baragawan on 9-6-1987 at 7.00 A.M. before the shop of Katori by firing at him and therefore he was arrested for committing an offence punishable under section 302 IPC. We do not find it possible to accept this statement made in the affidavit of S. I. Gajendra Pal Singh having regard to the fact that no such particulars are mentioned in the recovery memo, annexure CA-2 to counter affidavit, and indeed no mention whatsoever has been made in the General Diary entry, Annexure CA-1. Perhapsit is an afterthought of S. I. Gajendra Pal Singh and we cannot proceed on this statement. THE case must proceed on the basis that the petitioner had not been informed of the grounds of his arrest at the time of his arrest in the sense which we have indicated above.