Tlbrewal, J. - (1.) THE present case depicts not only a sorry state-of-affairs in the investigation which has been carried in a casual and perfunctory manner, but also leaves serious doubts in its fairness and impartiality.
(2.) FOR an incident, which took place on November 9, 1991, two cross reports were made at police station Bandikui. From the side of the complainant, the report was lodged by one Kailash Chand Mali and Crime No. 352/91 was registered under sections-147, 149, 448, 307 and 323 I. P. C. On the report lodged from the side of the accused party, crime No. 353/91 was registered against the members of the complainant party for the offences under sections 147, 148, 149, 452 and 323 I. P. C. From the side of the complainant party, one Ram Narain had sustained five injuries, including a lacerated wound on the parietal region. This injury proved to be fatal which resulted in his death on November 10, 1991. Other injuries sustained by Ram Narain were not of serious nature. Some other persons of the complainant party had also sustained simple injuries. Similarly, from the side of the accused party as many as seven persons had sustained several injuries, but simple in nature. Just after registration of the case, the Investigating Officer recorded the statements of the eye-witnesses on 9/11/1991 itself. In those statements, it was given out that it was co-accused Prabhu, who had caused the fatal head injury to the deceased-Ram Narain. It appears that subsequently, the investigation was changed and statements of the witnesses, including the eye-witnesses are alleged to have been again recorded. In the subsequent statements, the prosecution case has been changed and the name of the petitioner has been substituted to be the author of the fatal injury of the deceased in place of co-accused Prabhu. The learned Session Judge, Dausa had also an occasion to examine this matter in connection with the bail application under section-439 Cr. P. C. filed by the other co-accused persons. In the said order dated 6-12-1991 he observed as under : ***
(3.) THE learned counsel for the petitioner has vehemently argued that the name of the petitioner was substituted subsequently as an author of the fatal injury of the deceased with an oblique motive. According to the learned counsel, investigation in a criminal case especially in a serious case like murder, is of vital importance and the fate of the trial, as well as, of the accused person mainly depends on such investigation. THE learned counsel argued that a fair and impartial investigation is the backbone and the foundation of every criminal case on which the entire pyramid of the case stands, and if such investigation is found to be tainted, partial or otherwise motivated, then it heavily coils on the entire prosecution case and this ground is sufficient to throw away the entire case. THE learned counsel argued that this fact alone is sufficient to grant pre-arrest bail u/s 438 Q. P. C. to the petitioner, though the case was registered under section-302 I. P. C. I have seen the entire police case diary which has been produced by the learned Public Prosecutor in the light of the above submissions made by the learned counsel for the petitioner. After going through it, I find that the submissions of the learned counsel have force. I am shocked to notice the manner in which the investigation has been made and the case diary has been maintained by the Investigating Agency. The investigation in a criminal case is that most important and vital aspect. The investigation is the foundation and basis on which the entire pyramid of a criminal case stands. Hence, it must not only be proper and objective, but it should also be fair and impartial. This Court has come across in several cases that the investigation in a criminal case is made by the concerned officer in a most casual and perfunctory manner. The present case is an example of this fact. If the investigation is not fair and impartial, it seriously affects the ultimate result in the trial and may cause miscarriage of justice. People may lose faith and confidence in police investigation if the guilty police officers are not taken to task and left free inspite of the fact that they have misused their powers which may cause the acquittal of the guilty persons and conviction of the innocent persons. ;