SURESH CHAND SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) The present petition is preferred under Article 226 of the Constitution seeking following relief (s):-

(2.) Precisely stated facts of the case are that petitioner joined police force in the year 1973 on the post of Sub-Inspector by DIG, Police through Direct Recruitment and he served the department for 27 years. As submitted, he was a sincere and diligent officer. When petitioner was posted as S.I. at Police Station Naryawali District Sagar where petitioner investigated a double-murder case and filed charge-sheet before the competent Criminal Court at Sagar, four persons were named as accused in the charge-sheet. After conclusion of trial, Sessions Court, Sagar, did not find the accused persons guilty and thus they were acquitted. However, Sessions Judge raised doubt over the manner of investigation and genuineness of some documents which were Memorandum, Spot Map and Seizure Memo etc. on the ground that original documents in the charge-sheet submitted in the Court were bit different than that of the photocopies of the charge-sheet papers given to the accused persons. No timing was mentioned in those photocopies. Thus, Sessions Court directed to file a criminal case against petitioner being Investigating Officer under Sec. 194 of IPC. Thereafter, complaint was lodged against petitioner under Sec. 194 of IPC and after charge-sheet, trial conducted.

(3.) Petitioner faced the trial for offence punishable under Sec. 194 of IPC. Vide judgment dtd. 13/1/998, trial Court convicted petitioner under Sec. 194 of IPC and sentenced him to undergo three years' R.I. and a fine Rs.500.00 (Annexure P-5). Petitioner challenged the said judgment of conviction and order of sentence before the High Court of M.P. at Jabalpur. Appeal was partly allowed and sentence was reduced to one year (from three years granted by the Sessions Court), however, the fine amount was enhanced to Rs.5,000.00. An SLP was also preferred before the Hon'ble Supreme Court but got dismissed. Therefore, order of conviction with jail sentence of one year and a fine of Rs.5000.00 was maintained.