MOTI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant misc. petition has been preferred by the petitioner accused challenging the order dated 11.1.2013 passed by learned Judicial Magistrate No.4, Jodhpur Metropolitan in relation to the FIR No.270/2012 registered at the Police Station Basni, whereby the application filed by the petitioner for fair investigation and for having narco analysis, brain mapping and polygraph tests conducted upon the petitioner, has been rejected.

(2.) Succinctly stated the facts of the case are that one Ashok Gaur filed a report at the Police Station Basni on 27.2.2012 alleging interalia that his sister Gayatri went missing from the house at about 1 O'Clock in the afternoon. At that time, the tenant living in the adjoining house namely Moti Ram the petitioner herein, came out of his room. On an inquiry being made, the petitioner denied having any knowledge of Gayatri and locked the door and went away. The complainant started a search for Gayatri and ultimately, on opening the door of the tenant's room he saw that Gayatri was hanging from the fan hook in the said room. She was taken to the hospital but was declared dead. He saw that blood stains were scattered at various places in the room. Gayatri was having a large number of injuries on her body. A suspicion was expressed on the petitioner Moti Ram and his other companion tenants for having raped Gayatri and thereafter having murdered her.

(3.) On the basis of this information, an FIR No.270/12 was registered at the Police Station Basni for the offences under Sections 302 and 376 I.P.C. and investigation commenced.