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Madhya Pradesh High Court · body

2012 DIGILAW 29 (MP)

Ram Sahai Verma v. State of M. P.

2012-01-09

G.D.SAXENA, S.K.GANGELE

body2012
ORDER G.D. Saxena, J, -- 1. This pro bono publico petition under Article 226 of the Constitution of India has been chosen by the petitioner seeking suitable directions for investigation in the matter of Honour Killing of a lady" which took place in the village Lahar of the Police Station Dimni of Morena district M.P. with issuance of further appropriate directions to the State Govt. thereby directing to all the Police Officers of the State to take immediate steps for fair and speedy investigation and fair criminal trial for such sensitive offences. 2. The facts. as stated in petition, are that a news was flashed in the Daily local Newspaper "Dainik Bhaskar" circulated on 20th October 2011 that in village Lahar of Police Station Dimni of Morena district M.P., one lady who was in love with the person of a different caste was killed brutally. On the day of incident, the villagers gathered near the temple. Her husband came with his wife at the place and in the presence of the persons collected there. They pronounced the sentence for her did. Thereafter in the presence of the gathered persons including her husband and brother-in-law hanged her on the tree and bet her badly by sticks. Thereafter they poured kerosene on her body and set her ablaze. As she was survived, the miscreants prepared the pyre and put the victim on pyre and put her at fire till her death. This barbaric incident took place before the public of the village. After incident, nobody came forward to inform the police and to set in motion the police authorities for legal actions against the miscreants of the incident. The petitioner in the interest of the public at large particularly for the safety of women residing in the remote villages of the State against the Honour Killing wished that appropriate directions be issued in the given case and for prevention of barbaric incident of Honour Killing of the women of the State in future. 3. The respondents, by filing their reply, admitted the truthfulness of the incident. A report of the incident has been lodged. The fair and speedy investigation of the crime by the Investigating Officer under the supervision of the Superior Police Officer is under progress. During investigation, almost all the miscreants except nine accused have been arrested. 3. The respondents, by filing their reply, admitted the truthfulness of the incident. A report of the incident has been lodged. The fair and speedy investigation of the crime by the Investigating Officer under the supervision of the Superior Police Officer is under progress. During investigation, almost all the miscreants except nine accused have been arrested. It is stated that the police administration will not unturned any efforts to arrest the rest nine accused and after completion of the investigation the charge sheet will be filed before the criminal court for trial. It is also assured that an adequate security shall be provided to the eye-witnesses and material witnesses to unveil the truth before the trial Court and the Police administration is legally bound for fair and speedy trial of the case. 4. Heard the learned counsel appearing for the petitioner and the learned Deputy Advocate General appearing on behalf of the State. Also perused the petition and the reply submitted by the State and the documents filed by the respective sides. 5. In the case of Arumugam Servai v. State of Tamil Nadu 2011 (III) MPWN 9 = AIR 2011 SC 1859 the Hon' Apex Court held as under :- "16. We have in recent years heard of' Khap Panchayats' (known as katta panchayats in Tamil Nadu) which often decree or encourage honour killings or other atrocities in an institutionalized way on boys and girls of different castes and religion, who wish to get married or have been married. or interfere with the personal lives of people. We are of the opinion that this is wholly illegal and has to be ruthlessly stamped out. As already stated in Lata Singhs' case (supra), there is nothing honourable in honour killing or other atrocities and, in fact, it is nothing but barbaric and shameful murder. Other atrocities in respect of personal lives of people committed by brutal, feudal minded persons deserve harsh punishment. Only in this way can we stamp out such acts of barbarism and feudal mentality. Moreover, these acts take the law into their own hands, and amount to Kangaroo Courts which are wholly illegal. 17. Hence. we direct the administrative and police officials to take strong measures to prevent such atrocious acts. Only in this way can we stamp out such acts of barbarism and feudal mentality. Moreover, these acts take the law into their own hands, and amount to Kangaroo Courts which are wholly illegal. 17. Hence. we direct the administrative and police officials to take strong measures to prevent such atrocious acts. If any such incidents happen, apart from instituting criminal proceedings against those responsible for such atrocities, the State Government is directed to immediately suspend the District Magistrate/Collector and SSP/SPs of the district as well as other officials concerned and chargesheet them and proceed against them departmentally if they do not (1) prevent the incident if it has not already occurred, but they have knowledge of it in advance, or (2) if it has occurred, they do not promptly apprehend the culprits and others involved and institute criminal proceedings against them, as in our opinion they will be deemed to be directly or indirectly accountable in this connection. 6. Considering the above broad features of the case, we are of the view that the incident as came out from the document and the media, is not the simple crime of the area, but it is a direct atrocity on the innocent woman who had the love with another caste of the society and was victimized by her husband and other relatives on her husband side and on instigation by the mob present on the sopt, she was mercilessly killed. In this particular incident, the mob of the village is involved at public place in broad-day light incident. This is the general trend of the area that some effective culprits abscond from arrest and those absconded accused try to pressurise the material witnesses by any hook or crook arid try to win over the eye and material witnesses. Sometimes the absconded accused try to approach the senior officers to effect this independent investigation otherwise. This trend should be curbed by adopting all measurements of independent and fair measurements in investigation. Sometimes; a vigil eye by the superior police officers on investigation may be helpful for fair investigation for criminal justice. It is to be mentioned that the principle prevailing "No culprit should escape from law prevailing in country and no innocent must be involved in crime" should be kept in mind by all the-Investigating Officers and their Supervising Senior Police Officers. It is to be mentioned that the principle prevailing "No culprit should escape from law prevailing in country and no innocent must be involved in crime" should be kept in mind by all the-Investigating Officers and their Supervising Senior Police Officers. So, the possibility of hostility either under pressure or threat of other residents of the village on the witnesses of prosecution cannot be denied. It will certainly affect the impartiality of the investigation. For fair investigation of heinous crimes such as atrocities on woman, child and weaker sections of the society and mob violence, more vigilance in fair and independent is required by the Investigators and for this end to prevent the hostility, the measurements such as videography of recording the statements of material witnesses or the statements may be recorded under section 164 CrPC may be taken during investigation. Another step for arrest of the absconded accused under section 82 to section 84 CrPC may be adopted so that the threat on the material witnesses can be meted out. During trial, adequate security, if required, may be provided to the material witnesses. A vigil eye by the Senior Police Officers on the independent investigation and on trial is necessary for fair and speedy trial of the case. 7. During trial, adequate security, if required, may be provided to the material witnesses. A vigil eye by the Senior Police Officers on the independent investigation and on trial is necessary for fair and speedy trial of the case. 7. By this order, we feel it necessary to issue the following guidelines/directions for the investigation to the Senior Police Officers posted in the State of Madhya Pradesh :- (1) In cases of woman and child atrocities the First Information Report be lodged without any delay ensuring the compliance of the provisions under section 157 (2) of the Code of Criminal Procedure, 1973, which is mandatory for fair investigation; (2) In cases of woman and child atrocities, mob violance and other cases of brutal in nature in the area, special measurements for fair and independent investigation may be adopted; (3) In all criminal cases of brutaliy in nature the Investigating Officer and the Supervising Police -Authorities shall take all measurements including compliance of the provisions contemplated under sections 82 to 84 of CrPC to arrest all the accused involved in the crime; (4) In all above mentioned cases and of sensitive nature of the area, all the articles/weapons of crime be kept in a sealed condition in safe-custody and be sent for scientific examination without any kind of delay on the part of the investigation and the Senior Police Officer will insist the State Forensic Laboratories to examine the articles/weapons without undue delay and the reports from the Experts must be filed alongwith the charge-sheet. They shall also take all measurements to produce the properties of crime before the criminal Court with charge-sheet. (5) For Fair and speedy trial before the Courts, the Investigating Officers and the Senior Police Officers of the District and of the area shall be in constant contract of the prosecuting agencies and shall avoid all delays in recording the statements of material witnesses and Investigating Officers during trial. The concerned police officers on the request of the witnesses, on advice of the prosecution agencies and on directions of the criminal Court shall provide the protection against the pressure or threat of the accused or effective persons acting for accused. The concerned police officers on the request of the witnesses, on advice of the prosecution agencies and on directions of the criminal Court shall provide the protection against the pressure or threat of the accused or effective persons acting for accused. (6) The Senior Police Officers shall keep the vigil eye over the investigations of the crime of their area and issue the necessary directions to the Investigating Officers and also watch that their directions should be complied with effectively in time. 8. It is directed that the directions mentioned above shall be complied with in the present case as well as in the cases of woman and child atrocities, mob violence vis-a-vis other cases of brutal in nature in the area in future. 9. A Copy of the judgment shall be sent to the Chief Secretary. Home Secretary and the Director General of the Police in the State with a direction that the same may be circulated to all the officers up to the level of District Magistrates and S.S.P./S.P. Additional S.P., SDO (P) and Dy. S.Ps. of the' District for strict compliance and for prompt, swift and honest investigation in the matters indicated above. The authorities concerned are further asked to issue the directions in Hindi Language to all the Officers In-charge of the Police Stations and subordinate staff entrusted with the investigation of the case. 10. The petition stand disposed of accordingly. V.K. Bhardwaj with Anand Bhardwaj for petitioner; Vivek Khedkar, Dy. Advocate General for respondent/State.