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2010 DIGILAW 409 (PAT)

In The Matter Of Letter Of Arjun Mishra v. State Of Bihar

2010-03-19

DIPAK MISRA, MIHIR KUMAR JHA

body2010
JUDGEMENT 1. The present writ petition was initiated on the basis of a letter received by this court pertaining to the death of Sarvajeet alias Raju Mishra, age about 18 years, son of Arjun Mishra, resident of Village- Taryani, Police Station-Belsand, P.O.-Court Bazar, District-Sitamarhi. It was stated in the letter that his son was shot dead by the police in the morning hours of 15.12.2008. This court after entertaining the petition directed the learned counsel for the State to make available to this court a copy of the formal First Information Report as well as a copy of the up- to-date case diary so that this court can examine the quality of investigation that has been conducted by the police. Thereafter a counter affidavit has been filed by the answering respondent. In the counter affidavit in paragraphs 5 to 7 it has been stated as follows: "5. That with regard to the allegations made in the said letter that the police had shot dead the son of the petitioner, it is humbly stated that the son of the petitioner had died during the treatment in Sitamarhi Sadar Hospital. During the investigation of Sitamarhi P.S. Case No. 668 of 2008, as referred above, the Investigating Officer prepared the inquest report of the dead body on 15.12.2008 at about 19.40 hrs. Four gun-shot injuries were found on his chest and soon thereafter, the autopsy was conducted on the dead body and the post mortem report was prepared by the doctor. During the autopsy the doctor found four oval shape lacerated wounds and charring round the wound- margin was present. The doctor also recovered pieces of brass bullet which were sealed and handed over to the accompanying chowkidar and one Amarjit relative of the deceased. 6. That from the bare perusal of the post mortem report, it would apparent that the gun-shot injury was caused to the son of the petitioner from a very close range, may be a distance of 6" to 3ft., which falsifies the allegations made by the petitioner in his letter that his son has died in the police firing. 6. That from the bare perusal of the post mortem report, it would apparent that the gun-shot injury was caused to the son of the petitioner from a very close range, may be a distance of 6" to 3ft., which falsifies the allegations made by the petitioner in his letter that his son has died in the police firing. It is further submitted that the shots fired from regular rifle and regular pistols have larger bullets than the pieces recovered from the dead body during the post mortem examination and, therefore, it cannot be said that the small pieces of bullets recovered from the dead body could have been fired by regular rifle and regular service pistols. The small pieces of bullets recovered from the dead body are appeared to have been fired by countrymade guns. 7. That is further submitted that regular files which were used in the blank-firing in the air by the police personnel were sent by the Investigating Officer under the order of the learned Chief Judicial Magistrate, Sitamarhi, passed by the ballistic experts and the said expert has also confirmed the firing of regular cartridges of .303 bore." 2. Mr. Prasoon Sinha, learned counsel appearing for the State submitted that the father of the deceased Sarvajit alias Raju Mishra has made a false statement inasmuch as Sarvajit was not shot dead in the police firing but he met his end by firing from close range by a countrymade gun, for which the police is not responsible. 3. It is not disputed that a young man has breathed his last. Almost seven decades back while writing obituary on the death of an innocent young person it was spoken "humanity should consider whether death of a young man was justified who was in no way involved in the war". It is the stand and stance of the respondents that they are not responsible and the young man died because of a close range firing by the countrymade pistol. In essence, the liability is shifted to a private person, may be due to a personal cavil. 4. It is quite often repeated that truth and justice are wedded to each other and divorce between two is impermissible. It is the duty of the justice to delve into the realm of truth as far as practicable. In essence, the liability is shifted to a private person, may be due to a personal cavil. 4. It is quite often repeated that truth and justice are wedded to each other and divorce between two is impermissible. It is the duty of the justice to delve into the realm of truth as far as practicable. When a young man dies an unnatural death and colossal allegations are made and justice is not met with, it can be said with certainty, she (justice) sheds tears. For the sake of getting the truth revealed and to arrive at a just conclusion, it is appropriate that there should be an investigation by an impartial agency. 5. In view of the aforesaid analysis, we direct that the Central Bureau of investigation (for short, the CBI) shall conduct an investigation and file a report before this court within a period of six weeks. 6. Mr. Bipin Kumar Sinha, who represents the CBI, is requested to communicate the order passed today to apprise the Joint Director, CBI, to get the inquiry conducted forthwith and file the report. 7. Registrar (List & Computer) is directed to provide all the documents that have been brought on record to Mr. Sinha so that he can apprise the competent authority of the CBI to do the needful in the matter. 8. Let the matter be iisted for further hearing on 3rd of May, 2010. Registry is directed to list the matter on that day indicating that it shall be taken up at 10.15 A.M. 9. A free copy of the order be handed over to Mr. Bipin Kumar Sinha, learned Counsel for the CBI, to take appropriate steps at his end.