D.N.PATEL,J. - (1.) In this criminal appeal, the judgment of conviction and order of sentence passed by Principal District and Sessions Judge, Lohardaga in S.T. No. 163 of 2006 is under challenged.
(2.) WE have passed order dated 13th June, 2013 mainly for the reason that neither the investigating officer nor the doctor, who carried out the postmortem on the body of the deceased, was examined as prosecution witness, though they were mentioned as prosecution witness in the chargesheet. We had, therefore, given a direction to the Secretary, Home Department of the State of Jharkhand to file an affidavit as to why these witnesses were dropped. Today, a detailed affidavit has been filed and it has been submitted by the Secretary that there is an error on the part of the State in not examining the investigating officer and the doctor and the Secretary, Home Department, State of Jharkhand has issued three circulars which are annexed as Annexure B, C and C/1. These three circulars have been issued in the light of the circular dated 23rd February 2012 issued by the Principal Secretary, Home Department, State of Jharkhand. By these circulars, a duty is imposed upon the investigating officer to bring to the Court the witnesses, he himself as well as the doctor and other government officers.
(3.) WE therefore direct the Registrar General of this Court to circulate amongst all the Judges of the Subordinate Courts of the State of Jharkhand the following circulars: (a) Circular dated 23rd February, 2012 issued by the Principal Secretary, Home Department, State of Jharkhand. (b) Letter dated 15th June, 2013 bearing no. 2480 issued by the Home Department, State of Jharkhand for taking administrative actions against the erring officers, if the investigating officers and the doctors are not examined. (c) Letter dated 15th June, 2013 bearing no. 2479 issued by the Home Department, State of Jharkhand. This letter has been issued to the Public Prosecutor of all the district of the State of Jharkhand. (d) Letter dated 15th June, 2013 bearing no. 2481 was issued by the Home Department, State of Jharkhand. These circulars/letters will be circulated to all the Judges of the Subordinate Courts of the State of Jharkhand.;