JUDGMENT R.C. Deepak and G.P. Srivastva, JJ.
1. Heard Sri P.C. Srivastava, learned Counsel for the petitioner, Sri Surendra Singh, learned Additional Government Advocate for the State, Sri G.S. Hajela, learned Counsel for the C.B.I. and perused the record.
2. This criminal misc. writ petition has been filed by the petitioner challenging the investigation as a whole and exclusion / exoneration of the main accused Ramvriksh Yadav.
3. We have gone through the entire record including the first information report lodged by the son of the deceased with great promptitude at 16:20 hours the same day and the first information report lodged against Ramvriksh Yadav by his own official gunner named Prem Singh. Both these first information reports were registered at police station Ghanghata, district Sant Kabir Nagar vide case crime No. 498 of 2005 under Sections 147, 148, 149, 302, 308, 504, 506, 323 IPC, Section 7 of Criminal Law Amendment Act and Sections 134B / 135 of People Representative Act (Lok Pratinidhitva Adhiniyam) and case crime No. 498-A of 2005 under Sections 147, 323 IPC.
4. Now it is pertinent to note at this stage that a bare perusal of these two first information reports would indicate that the inevitable consideration available is that a direct role to kill Mahatam Yadav has been attributed to this accused alone. Both the first information reports clearly allege that he fired upon the chest of Mahatam Yadav with an unequivocal declaration to kill him after snatching the carbine of the official gunner provided to him by the State, He belongs to Samajwadi Party / the ruling party in the State and is an important identity of the said & party in his region. Panchayat elections were going on. His party-men were trying to wrig the election by casting illegal votes in favour of their nominees. This act was given serious challenge by Mahatam Yadav and his family members, who were present there to safeguard any malpractice since his own daughter-in-law was a candidate. The scuffle occurred between the supporters of rival candidate, that their game was frustrated by the presence of Mahatam Yadav (deceased). The rivals of his daughter-in-law rushed to Ramvriksh Yadav who came to the scene along with his supporters who were armed with clubs and sticks. They started be labouring with lathis and sticks. Ramvriksh Yadav made an exhortation to kill Mahatam Yadav and immediately snatched the carbine from the hands of his official gunner and the shot fired from his gunner's carbine pierced the chest of Mahatam Yadav, who fell to the ground and died instantaneously. So far as the first information report lodged by the gunner himself at 9:05 p.m. is concerned, it also in a most clear terms refer to the above fact of snatching of his carbine by Ramvriksh Yadav and opening fire on the chest of Mahatam Yadav who died on the spot.
5. In view of the above circumstances, a layman could not dare to fiddle with these two versions which have role of the accused Ramvriksh Yadav mentioned as the killer of Mahatam Yadav. Now to examine the third first informant report lodged by Ramvriksh Yadav registered as case crime No. 498-B of 2005 under Sections 147, 148, 149, 308, 335, 504, 506 IPC, 16 days after the registration of these two first information reports, the entire gamut of the facts of this case take a total sumersault. Political interference seems to have taken hand in this complete change of the scenario. This is why the common man feels for the liberation of the investigation specially from the control of the Government. Liberation may be to be an limited extent. Importance of this freedom is very seriously felt for this State where in the investigations are largely influenced either by the money power or the politicians. No doubt the scenario so far as the policising is concerned, it is going bad to worse in the entire country. The nexus between the crime and the police has taken such a deep root that at times it boggles the most dorment lethargic mind too, what to say fully conscious and alert citizen as to how it is going to be checked and controlled. The alarm bell is making such a loud yell all around that the citizen has completely lost itself to the impact of it, but the legal system cannot and must not block its ears or shuts its eyes to this malaise. No doubt the Hon'ble Apex Court has been making conclusive efforts to check and curb these things. It has arisen the glitter in the eyes of the common man.
6. In these circumstances if this first information report has yielded the desired report favouring the accused Ramvriksh Yadav, it is nothing surprising. Affidavits were relied upon by the police / investigating agency to manipulate his exclusion from the heinous crime of murder of Mahatam Yadav in the broad day light. There was hardly any provocation from him to do so except that his Dadagiri had come under threat to perpetuate and strengthen the same, that he took this step with a cool head on his shoulder. His exclusion on flimsy consideration like affidavits evidence, disregard to the evidence furnished by the informant-injured / son of the deceased, injured Janardan Yadav and Jai Prakash, the investigating officer has completely ignored the evidence under Section 161 Cr.P.C., which had clearly named Ramvriksh Yadav as a killer of Mahatam Yadav. The exclusion of these evidences and reliance placed on affidavits by the henchmen of this accused without any proper verification of such affidavits make everything crystal clear and complete ignorance of the fact that this first information report was lodged after 16 days of the alleged occurrence, No doubt he had some minor injuries at the time of his arrest. He was brought by the police to the police station. His admission was manipulated in the local hospital from where reference to Lucknow became easily possible. He immediately was dispatched to Lucknow. No evidence from Lucknow about his treatment was obtained by the police. It was a cross-version and both sides entered with violent fracas with each other using blunt object. Only venue were it could have settled after recording the evidence of both the parties is only the Court of Law. The police has no right to (sic) its jurisdiction to itself and to exonerate anyone without even facing any semblance of any trial, a farce it is which cannot be digested by the Court.
7. We are, therefore, of the opinion that the exclusion / exoneration of the principal accused Ramvriksh Yadav from the trial is an act which patently a slap on the face hurled by the police.
8. Taking into account the entire facts and circumstances available on record, we are of the view that in the interest of justice and equity both the exclusion / exoneration of the principal accused Ramvriksha Yadav is necessarily required to be quashed and is hereby quashed.
9. The learned Magistrate is directed to take cognizance against him (Ramvriksh Yadav) also and commit the case to the Court of Session along with other co-accused, who have already been charge-sheeted to face the trial in accordance with law.
10. However, the observations made above will not influence the trial court in deciding and disposing of the case / trial in accordance with law.
11. The petition stands disposed of accordingly.
12. Office is directed to send a copy of this order to the Court concerned forthwith for compliance.