LAWS(RAJ)-2016-7-30

SUMIT KUMAR Vs. STATE OF RAJASTHAN

Decided On July 08, 2016
SUMIT KUMAR Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) This Criminal Misc. Petition under Sec. 482 Crimial P.C. depicts an unsavoury tale of a police officer who suffered severe strictures handed down by Sessions Judge, Rajsamand at the threshold of his service journey. The learned Sessions Judge, while passing the verdict of acquittal in Sessions Case No. 19/2012 on 6th of Jan. 2014, has indicted the petitioner for his alleged lackadaisical approach in investigation of homicidal death, wherein victim was an old lady Ms. Nani Bai. For expurgation of dispersing remarks in the judgment, the petitioner has invoked inherent powers of this Court.

(2.) Succinctly stated, the facts of the case are that the petitioner, after completing his training in Rajasthan Police Services at the threshold joined his duties at Police Station Railmagra, District Rajsamand on 12th of Feb. 2012. On 13th of Feb. 2012, an FIR came to be lodged by one Shankerlal s/o Modaji Gadari for offence under Sections 460, 302 and 380 IPC. It is reported by the first informant that in the morning, when he was going to Gogathala from his residence, he saw doors of Ms. Nani Bai's house closed and few children standing there. According to the complainant, he suspected some mishap with Ms. Nani Bai as she was living alone so an attempt was made by him to call her but of no avail. Thereafter, the first informant asked another villager Bhagga to go inside the Guwadi. When Bhagga entered inside the Guwadi, he found Nani Bai lying on a coat and blood was oozing out from the injuries on her legs and the ornaments which she was wearing were also found missing.

(3.) On receipt of report, FIR No. 46 of 2012 was registered and investigation commenced. After completing investigation, charge sheet was filed against two accused persons, namely, Jagdish s/o Ganeshlal and Udai s/o Mangilal. During investigation, it was unearthed that accused Jagdish is closely related to the deceased being her maternal grandson, who happened to be in financial disarray, has conspired in commission of offence of burglary and murder. According to the petitioner, despite his inexperience being fresh recruitee, sincere endeavour was made by him to investigate the matter thoroughly with precision to facilitate submission of challan against accused persons.