PREM NATH Vs. STATE

JUDGEMENT

(1.) This is a petition by Prem Nath Deputy Superintendent of Police under Article 227 of the Constitution of India read with section 482 of the Code of Criminal Procedure praying for the expunction of certain remarks made against him by the learned Additional Sessions Judge (I) Shimla in her judgment dated 25 -10 -1988 in Session trial No. ll -S/7 of 1988/107/2 of 1987, in which two persons Dev Raj and Jagan Nath were tried for offences under sections 302/201 read with section 34, I, P. C. They were alternatively charged under section 306 read with section 34,1. P. C. and were convicted under section 306 read with section 34, I. P. C. and sentenced to rigorous imprisonment for two years and a fine of Rs. 2,000. The petitioner has further prayed for quashing and setting aside the Memorandum No. Home -D (B -3) 60/87 dated January 20, 1992 (Annexure A -4) issued by the Financial Commissioner -cum -Secretary (Home) to the Government of Himachal Pradesh, whereby an inquiry was proposed to be held against the petitioner.

(2.) The case relates to an incident which took place on 4 -11 -1986 when the petitioner was posted as Inspector (S. H. O.) Police Station East, Shimla. He received a telephonic message at the police station to the effect that one Madan Lal had died at Khalini. This information was imparted by one unknown person. On having received this information he rushed to the spot and found that Madan Lal had died and about 100/150 persons including Mehar Chand, brother of the deceased, Chaman Lal and other relations of the deceased and Dev Raj and Jagan Nath both accused, were present on the spot. He started making enquiries from all those persons including the relations of the accused persons. During the course of enquiry no suspicion of any kind was cast on any one and the petitioner had made searching enquiries of all types at the spot to ascertain the cause of death of the deceased. He started the inquest proceedings in the facts and circumstances of the case as the death was natural and recorded the statements of Mehar Chand, brother of the deceased, accused and other persons who could throw some light on the cause of the death. These persons, including Mehar Chand, brother of the deceased, whom the petitioner interrogated on the spot had disclosed that the deceased had pain in the stomach and had died on account of such pain. Statements to the above effect were signed by these witnesses and formed part of the inquest proceedings. Mehar Chand, brother of the deceased, had made an application in writing to the Sub -Divisional Magistrate, Shimla to the effect that his brother Madan Lal had died on account of pain in the stomach/heart failure and had no suspicion about the cause of his death and, therefore, he did not want the post -mortem examination of the dead -body conducted. The S. D. M. Shimla had sent the application to the petitioner for his report. Mehar Chand brought the application dasti to the petitioner and the petitioner reported on the application that in order to locate the actual cause of death post -mortem was essential and without that the dead -body could not be returned to the relations. The application was handed over to Mehar Chand with the report and the same was taken by him to the S. D. M. After completing the inquest proceedings at the spot the petitioner sent the dead -body of Madan Lal to the Indira Gandhi Medical College and Hospital for post -mortem examination. The post -mortem examination was conducted by the doctor on the next day and the report was made available to the petitioner on 6 -11 -1986. The post -mortem examination reported indicated that the deceased had not died a natural death, as a legature mark was found around the neck. After receiving the post -mortem report a case F. I. R. No. 100 dated 6 -11 -1986 under sections 302/201 read with section 34, I. P. C. was registered against Dev Raj and Jagan Nath at Police Station Shimla (East). The petitioner had taken up the necessary investigation and had found that the accused persons had committed an offence under section 306, I. P. C. Consequently a final report under that section of the Penal Code was prepared by the petitioner. On 11 -6 -1987 the petitioner had a massive heart attack and was admitted to the hospital. Since the petitioner could not attend to his duty and was on medical rest till 6 -10 -1987, in his absence the final report was further changed to section 302/201 read with section 34, I. P..C. and submitted to the court of competent jurisdiction.

(3.) During the course of trial the petitioner was examined as PW 20 in the court of the learned Additional Sessions Judge (I) Shimla on 29 -8 -1988. The learned Additional Sessions Judge had convicted the accused under section 306 read with section 34 I. P. C. and sentenced them as aforesaid. The convicts Dev Raj and Jagan Nath had challenged the judgment of the learned Additional Sessions Judge before this court and their appeal was accepted on 2 -8 -1991 by this court and the judgment of the trial court was set aside.