KULDEEP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) In India, the police force, which has also been assigned the work of Investigating Agency, plays an important role in criminal justice delivery system. Hence, the expectations from the police force are high. However, if the police force itself starts falsely implicating the accused in a revengeful/retaliatory manner on the suspicion that one of their colleague had been killed or murdered by the aforesaid accused, the Court is forced to make certain observations. This Court on re-appreciation of the evidence finds that this set of appeals is one such instance. Hence, this Court in strongest words deprecate the police officials who indulged in false implication of the appellants/convicts herein in as many as 16 criminal cases within a span of 12 days. Hence, let a copy of this judgment be forwarded to the Home Secretary, State of Haryana and Director General of Police for information. In these cases, false implication of the appellants cannot be ruled out.

(2.) By this judgment, 2013, CRA-S-2070-SB-2015, 2013, CRA-S-4518-SB-2014 disposed of.

(3.) After recording police proceedings Ex.PA/3 by Sub Inspector Balbir Singh, who has been examined as PW6, it was sent to the police station Sadar Kaithal for registration of FIR and on the basis of written complaint and police proceedings a formal FIR Ex.PA/1 was recorded by ASI Karamvir Singh, who has been examined as PW1 and the endorsement Ex.PA/2 on the original complaint was also made thereon. The investigations were commenced and since the accused were already arrested by the police of Police Station Pehowa in FIR No.340 dated 16.10.2009 under sections 398, 401, 307 of the Indian Penal Code and 25 of the Arms Act, they were interrogated and during interrogation, they have also admitted about their involvement in the present crime including the recovery of weapon which is subject matter of the present case and as such they were arrested in the present case and the accused had also suffered disclosure statements, on the basis of which, the recoveries were effected from them. Statements of the witnesses were recorded, site plan of the place of occurrence was prepared. After completion of investigations, a final report under section 173 of the Code of Criminal Procedure was prepared and presented in the court for trial of the accused."?