TEJVIR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS appli cation has been filed by the applicant Tej Vir Singh, Sub-Inspector, Constable C.P. No. 221 Amar Singh and Constable C.P. No. 06 Dori Lal with a prayer to quash the charge-sheet of case crime No. 489 of 2004 under sections 147, 148, 149, 304 I.P.C. and 3(2)(V) of S.C./S.T. Act, P.S. Veesalpur, District Pilibhit and summoning order dated 20.10.2008 passed by learned C.J.M. Pilibhit in Criminal Case No. 4496 of 2008.

(2.) THE facts in brief of this case are that the FIR of this case has been lodged by O.P. No. 2 Rameshwar Dayal on 6.8.2004 at 3.30 p.m. at P.S. Veesalpur in respect of the incident which had occurred on 3.8.2004 at about 8.00 p.m, the FIR was lodged against the applicants, the allegations against them are that they caused the injuries on the per son of the deceased Smt. Dharmawati by using kicks, fists and butt of the gun. Ac cording to the post-mortem examination report, the deceased had sustained abraded contusion 5 cm. x 4 cm. on right side face involving to right eye brow and near to right eye as ante-mortem injury, the cause of death could not be ascertained hence viscera was preserved, according to the viscera report, no poison was found, the investigation of this case has been done by C.B.C.I.D., who submitted the charge-sheet dated 1.10.2008 in the Court of learned Magistrate concerned on which learned Magistrate concerned has taken the cogni zance, summoned the applicants on 20.10.2008.

(3.) IT is contended by learned Counsel for the applicants that on the day of the alleged incident, the applicant Tej Vir Singh was posted as sub-inspector and applicant Nos. 2 and 3 were posted as con stables at P.S. Veeslpur district Pilibhit. Ac cording to the FIR itself, the daughter of one Chhotey Lal had gone in the company of his son in law's brother Mahendra Pal, on the basis of doubt and suspicion, Chhotey Lal brought the police personnel at the house of the first informant on 3.8.2004 at about 9.0 o'clock, at that time, the first in formant was not present at his house, the police personnel did the marpeet to know whereabout of Chnotey Lal's daughter, it was replied by the wife of the first infor mant that the daughter of Chhotey Lal was not at her house then the applicant Tej Vir Singh, applicant Amar Singh and five other police constables and Chhotey Lal beaten the deceased by using the kicks, fists and butt of the guns, as a result of which she died. The first informant got its information then he came to his house and saw his wife as dead and due to fear, the first informant did not go to the police station, Veesalpur, he went to office of S.P. Pilibhit where he handed over the FIR, the FIR itself is indi cating that the applicants have gone to the house of the deceased in search of a kid napped girl. The applicants were discharg ing their official duty and its entry has been made by the applicants in G.D. also, the applicants are innocent, they have not caused any injury on the person of the de ceased, the inquest report of the deceased was prepared on 4.8.2004 on the basis of information given by O.P. No. 2, but it is surprising that no, FIR was lodged at P.S. concerned. The first informant is the wit ness in the inquest report, but according to the opinion of the witnesses of the inquest, the cause of death was not known. IT was prepared in the presence of Naib Tehsildar, it shows that after great thought and con sultation the FIR of this case has been lodged in which the applicant Nos. 1 and 2 were named and after investigation, the charge-sheet has been submitted against applicant No. 3 also who is not named in the FIR.