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High Court Of Madhya Pradesh
FAIZAN UDDIN
TEHSILDAR SINGH - Appellant
Versus
STATE OF M.P. - Respondents
CRI. REV. 8 Of 2001
Decided On : 05/18/2001
FIR - Criminal Law - IPC Section 302, Arms Act Sections 27 and 25(i)(b) - Summary: The court discussed the involvement of the accused in the incident based on the FIR and dying declaration, and the subsequent investigation that led to the accused being charged. The court found discrepancies in the investigation and ordered a fresh probe by the CBI, setting aside the charge and granting bail to the accused.
Fact of the Case:
The incident involved the death of the complainant due to a gunshot, with initial accusations against specific individuals. Subsequent investigation led to the accused being charged for the death.
Finding of the Court:
The court found discrepancies between the initial FIR and dying declaration and the subsequent investigation, leading to the decision to order a fresh probe by the CBI and setting aside the charge against the accused.
Issues: Discrepancies between initial accusations and subsequent investigation, need for a fresh probe by the CBI, and the grant of bail to the accused.
Ratio Decidendi: The court's decision was influenced by the discrepancies in the investigation and the need for a thorough probe by the CBI to avoid miscarriage of justice.
Final Decision: The court set aside the charge and ordered a fresh investigation by the CBI, while also granting bail to the accused.
( 1 ) SHRI Rakesh Saxena, Counsel for the applicant. Shri Padam Singh, Addl. Govt. Advocate for the respondent No. 1/state. Shri Praveen Mishra, Counsel for the respondents Nos. 2, 3 and 4. With the consent of the parties, the revision is finally heard.
( 2 ) THIS revision petition is against the order dated 27-11-2000, passed by Fourth Additional Sessions Judge, Morena in Sessions Trial No. 256/2000, whereby the applicant/accused has been charged for the offence under Section 302 of I. P. C. read with Sections 27 and 25 (i) (b) of the Arms Act.
( 3 ) THE facts leading to filing this case are as under : The incident had occurred on 18-4-2000 at 8/8. 30 a. m. in the morning while complainant Subedar Singh s/o Albelsingh accompanied by his brother Tehsildarsingh and sister Usha was going to the field on the tracter and when he was at some distance of his house, what he saw is that accused Tikamsingh, Prahladsingh and Ramraj came from the front side, accused Ramraj was armed with gun. It is stated that accused Tikamsingh and Prahlad Singh filthyly abused him and also threatened to kill him. Thereafter, it is alleged that accused Ramraj, with intention to kill, fired from his gun at the complanant, Subedar Singh which hit on his abdomen, causing injuries and the blood came out. The incident was witnessed by his brother Tehsildar Singh and sister Usha. The accused-persons thereafter ran away from the spot. The report of the incident was lodged by the complainant himself along with his brother and sister at the police station, which was registered by Shri Vipin Pathak, Head Constable of Police Station, Porsa, who referred the injured to the Primary Health Centre, Porsa. It is stated that during treatement, complainant died and therefore, the offence which was initially registered under Section 307/34, I. P. C. was converted into Section 302 of I. P. C. The dying declaration of complainant was also recorded. The F. I. R. and dying declaration recorded indicated that it was Ramraj s/o Bhagwansingh, Tikamsingh s/o Bhagwansingh and Prahladsing s/o Bhagwan Singh, who caused the death of Subedarsingh, Accused Ramraj was said to have fired, which hit Subedarsingh resulting in death.
( 4 ) IN this case, as stated above, the F. I. R. was recorded by Shri Vipin Pathak and he also conducted some part of investigation. Shri S. R. Sankhediya, I. O. is the person, who took over the investigation later on and completed it. According to his investigation, it is Tehsildar, who is accused and he caused death of his brother. He stated that he recorded the statements of Tikamsingh and Prahlad Singh on 16-6-2000. As the dying declaration and the F. I. R. lodged show that it is accused Ramrajsingh, who is said to have fired, the I. O. present in Court, was question as to whether the statement of accuused Ramraj was recorded. After seeing the record/case diary, he stated that the statement of Ramraj was not recorded despite the fact that he was in village with his brothers namely Tikamsingh and Prahlad Singh. This fact as also mentioned in the statements of Tikamsingh and Prahlad Singh said to have been recorded on 16-6-2000 by the Investigating Officer.
( 5 ) ON 1-5-2001, considering the seriousness of the matter, this Court had recorded a detailed order sheet and also directed for issuance of notice to Shri Vipin Pathak, Head Constable of P. S. , Porsa, who registered the F. I. R. and conducted part of investigation and the Dr. D. C. Parashhar, who recorded the Dying declaration of Subedar Singh on 18-4-2000 and subsequently gave statement in writing on 18-6-2000, for their personal appearance before this Court on the next date of hearing, i. e. 3-5-2001. It was also left open to the discretion of the I. G. , Chambal Division and the Supdt. of Police, Morena to address, if they so desired.
( 6 ) ON 3-5-2001, Shri Surendra Singh, I. G. , Chambal Division Bench and Shri Dr. Vijay Kumar, S. P. , Morena both were present before this Court, a
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