Dasrath Singh @ Jasrath Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 9762 MP

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                             IN     THE      HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                      BEFORE
                                   HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                  ON THE 28 th OF JUNE, 2023
                                             CRIMINAL REVISION No. 495 of 2019

                            BETWEEN:-
                            DASRATH SINGH @ JASRATH SINGH S/O LAL SINGH,
                            AGED ABOUT 25 YEARS, OCCUPATION: CONSTABLE GD
                            (BSF) 155 BN BAIKUNTHPUR VILLAGE NAUPURA GRAM
                            PANCHAYAT KAITHODA P.S. CIVIL LINE, TAHSIL &
                            DIST. MORENA (MADHYA PRADESH)

                                                                                         .....PETITIONER
                            (BY SHRI ANKUR MAHESHWARI - ADVOCATE)

                            AND
                            1.    THE STATE OF MADHYA PRADESH POLICE
                                  STATION CIVIL LINE P.S. CIVIL LINE MORENA
                                  (MADHYA PRADESH)

                            2.    INDRESH SINGH S/O JIVARAM, AGED ABOUT 37
                                  YEARS, VILLAGE NAUPURA GRAM PANCHAYAT
                                  KAITHODA PS CIVIL LIND TEHSIL AND DISTT
                                  MORENA (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                            (BY SHRI PRAMOD PACHORI - PUBLIC PROSECUTOR FOR THE STATE)

                                  Th is revision coming on for hearing this day, th e court passed the
                            following:
                                                              ORDER

This Criminal Revision has been filed under Section 397/401 of Cr.P.C. arising out of the order dated 27/11/2018 passed by the learned 2nd Additional Sessions Judge, Morena in ST No.98/2018 whereby the present petitioner has been accused by exercising power u/s 319 of Cr.P.C. and arrest warrant issued against him.

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 6/28/2023 6:00:31 PM

In brief case of the prosecution is that on 06.07.2017, a dispute was going on between Madho Nai and sons of Lal Singh Nai and then the uncle of the complainant, Jardan Singh came to settle down the dispute. Suddenly, present petitioner Jasrath, Balli, Balram, Lal Singh, Asharam, Vishal, Virendra, Sunil, Bharat, Rinku armed with lathi and farsa and uttered abusive word to Jardan Singh. Later on, co-accused Virendra and Bharat got hold of Jardan and present petitioner Jasrath inflicted the Farsa blow on the head of Jardan Singh. Asharam also inflicted lathi blow to the Jardan and other accused person have also caused injuries to him by kicks and fists. On account of injuries Jardan fell down and later on admitted to the hospital. Later on, Jardan Singh died during

treatment on 07.06.2017 and ultimately offence of Section 302 of IPC was enhanced. On the basis of dehatinalisi, FIR bearing crime no.380/2017 was registered against present petitioner. Investigating Officer Sub-Inspector Ashok Saxena, Police Station Civil Line Morena during investigation recorded the statements of witnesses namely Rambilash, Brijmohan, Devendra, Chottalli and Rakesh, thereafter, he came to the conclusion that petitioner Jasrath was not present on the spot and closure report as far as petitioner is concerned has been filed and charge-sheet has been submitted against rest of the accused persons. During trial, when charges were framed, complainant filed an application under Section 319 of Cr.P.C. Learned trial Court vide its impugned order, came to the conclusion that it is a fit case for the petitioner- Dasrath @ Jasrath be made accused and ordered accordingly vide its impugned order.

Learned Advocate for the petitioner made submission that at the time of incident, he was not present on the spot. He is a constable in Border Security Forces (B.S.F.) and posted at Baekunthpur, West-Bengal. It is further

Signature Not Verified submitted that, Investigation Officer has rightly filed closure report with the Signed by: VIJAY TRIPATHI Signing time: 6/28/2023 6:00:31 PM

permission of Superintendent of Police, Morena. Counsel for the petitioner has placed reliance upon the judgments of Supreme Court in the case of Brijendra Singh And Others Vs. State of Rajasthan reported in 2017 7 SCC 706, in the case of Sagar Vs. State of Uttar Pradesh And Another reported in 2022 6 SCC 389 and in the case of Shiv Prakash Mishra Vs. State of Uttar Pradesh And Another reported in 2019 7 SCC 806 and he has also placed reliance upon the judgment passed by this Court in the case of Indra Singh s/o Gaya Prasad Singh Vs. State of M.P. reported in 2023 (1) M.P.L.J. (Cri.) 404. With aforesaid submission, he prays to allow this revision petition.

In the present case, soon after the incident took place, complainant lodged a named FIR against the present petitioner. Jardan Singh was medically examined and injuries were found. Thereafter, petitioner was referred to JAH Hospital, Gwalior where during treatment he was declared dead. Complainant made specific allegation in the present case that petitioner is main culprit and due to his assault, he succumbed injuries and during treatment, he died. In these situation, it is very surprising that only on the basis of statements of the aforesaid witnesses, Investigating Officer - Sub-Inspector Ashok Saxena came to the conclusion that petitioner was not present on the spot. It was his duty to record further statements of another witnesses who were present on the spot.

The judgments on which petitioner has relied upon is not helpful in the present case.

Accordingly, this petition is hereby dismissed. Before parting with the case, this Court inclined to draw the attention of Inspector General of Police, Chambal Range that in these type of heinous cases Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 6/28/2023 6:00:31 PM

of murder, Sub-Inspector Ashok Saxena on the basis of aforesaid five witnesses filed a closure report. It is further very surprising that Superintendent of Police, Morena blindly accepted and gave permission to Investigating Officer to file closure report against the petitioner, in fact, petitioner is the main accused in the aforesaid crime in which deceased Jardan Singh died due to assault of the petitioner. It is a matter to be inquired. Copy be sent to the Director General of Police, Bhopal for conducting necessary inquiry against Sub-Inspector Ashok Saxena and Superintendent of Police, Morena and submit the report within three months to the Principal Registrar of this Court.

Record be sent back forthwith.

(DEEPAK KUMAR AGARWAL) JUDGE Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 6/28/2023 6:00:31 PM