LAW FOR ALL

FAILURE OF INVESTIGATION OFFICER , DOES NOT HAMPER THE CONVICTION, IF IT IS OTHERWISE SOUND - unless lapses made on the part of Investigating authorities are such, so as to cast a reasonable doubt on the case of the prosecution, or seriously prejudice the defence of the accused, the court would not set aside the conviction of the accused merely on the ground of tainted investigation. = “It is well established on record that SI Rajesh Kumar had not conducted the investigation properly and he was favourably inclined to the appellant and therefore, spoiled the case. - Investigating Officer did not care to get the same photographed nor mentioned the same anywhere in the investigation proceedings. Therefore, the complainant cannot be made to suffer for the lapse of the Investigating Officer…….= The complainant named the appellant and his co-accused Kalia in the FIR itself. However, distorted version was recorded in the FIR and when the complainant party received copy of FIR on 26.1.2005 (as stated by Birma Devi PW.4), they learnt of the same= The appellant had been named in the FIR on 7.1.2005, but still SI Rajesh Kumar did not even join him in investigation and did not interrogate him, what to talk of arresting him. The statements of Maya Devi and Birma Devi, therefore, cannot be discarded in view of the manner in which SI Rajesh Kumar was conducting the investigation from the very beginning.”= (i) There is no reason for the false implication of the appellant, who being the Sarpanch of the village was an influential person. (ii) Omkar Singh (PW.8) was an independent witness and there was no ground to disregard his testimony. (iii) Abadi was at some distance from the place of occurrence. Therefore, the hue and cry raised by Raj-deceased, and subsequently by Maya Devi (PW.3), could not have attracted the attention of any person. (iv) No attempt was made by the defence to falsify the allegation of the non payment of the sum of Rs.47,000/-, as consideration for the sale of a buffalo by the deceased to the appellant. = In view of the above, we do not find any force in the appeal, which lacks merit and is accordingly, dismissed. 19. Before parting with the case, we feel it necessary to bring the matter to the notice of the administration of the State of Haryana that in spite of the fact that certain serious findings have been recorded by the Trial Court, as well as by the High Court regarding the unfair investigation conducted by Shri Rajesh Kumar, who was the SHO of the Police Station, Sadar Dadri on 7.1.2005, but for the reasons best known to the administration, no action was taken against him. We have no words to express our anguish, and fail to understand under what circumstances the State authorities have adopted such an indifferent attitude where a helpless divorcee has been murdered, and her widowed mother has been crying and running from pillar to post to secure justice, but the administration did not feel it necessary to wake up from its deep slumber. We request the learned Chief Secretary of the State of Haryana to examine the case, and proceed in accordance with law. A copy of the judgment be sent by the registry directly to the Chief Secretary, Haryana.