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Madhya Pradesh High Court

Rohit Singh Rajput vs The State Of Madhya Pradesh on 16 August, 2022

Author: Vivek Agarwal

Bench: Vivek Agarwal

1 IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR MCRC No. 36122 of 2022 (ROHIT SINGH RAJPUT Vs THE STATE OF MADHYA PRADESH) Dated : 16-08-2022 Shri Anil Khare, learned Senior Advocate along with Shri Priyank Agrawal, learned counsel for the applicant.

Shri Aditya Narayan Gupta, learned Government Advocate for the State. This Court asked certain question to Shri Jagannath Gyarasiya, Sub Inspector, earlier I.O. of the case and Shri Kaushal Singh, Dy.S.P. present I.O. of the case.

Shri Jagannath Gyarasiya and Shri Kaushal Singh are asked questions in Hindi in presence of the learned counsel for the parties and the Superintendent of Police, Narsinghpur and answers are being translated in English and recorded in the order-sheet.

Questions to Shri Jagannath Gyarasiya:-

Question No.1-Â"How many cameras were available at the scene of crime? Answer-Shri Jagannath Gyarasiya submits that there were 9 cameras at the scene of crime.

Question No.2-CCTV footage from how many cameras were seized by him? Answer-Shri Jagannath Gyarasiya submits that footage from only two cameras were seized.

Question No.3-Â"Shri Jagannath Gyarasiya is asked that Shri Anil Khare, learned Senior Advocate on the last date argued that scene of crime was disturbed and the heap of mattresses etc were found in disturbed position because I.O. had searched for the suicide note below those mattresses and pillows, which were lying in the room where allegedly the incident took place. Shri Jagannath Gyarasiya is asked as to whether he had Signature Not Verified SAN video-graphed the scene of crime before searching for the suicide note?

Answer-Shri Jagannath Gyarasiya admits that he had not carried out any Digitally signed by MOHD TABISH KHAN Date: 2022.08.16 19:52:14 IST 2 videography or photography before disturbing the scene of crime. He submits that he had carried out photography after disturbing the scene of crime.

Question No.4-Shri Jagannath Gyarasiya is asked as to why, as an initial investigating officer, he had not produced the concerned bed sheet for examination of the doctors inasmuch as the doctors of the postmortem have mentioned that at the time of postmortem, the said bed sheet was not produced before them.

Answer- Shri Jagannath Gyarasiya admits his fault.

Question No.5-Shri Kaushal Singh is asked that when he had sought a query from Dr. Pranab Sen and Dr. Rashi Rai of Government Hospital Narsinghpur on 26.03.2022 whether he had produced the plastic chair allegedly with which deceased had contacted injury to the right toe as has been answered by the concerned doctors as is available in reply to the query report?

Answer-Â"Shri Kaushal Singh submits that he had not produced said chair to ascertain as to whether that injury in the toe in the form of deep abrasion which was seen by the doctors at the time of postmortem was caused by coming into contact of that chair.

Question No.6-Shri Kaushal Singh is asked on the basis of the reply to answer to question No.3 of the questionnaire dated 26.03.20222 which reads as under-

ih-,e fjiksVZ esa xzsfoM 'kCn dks D;ksa dkVk@feVk;k x;k gS vkSj bl 'kCn dk vFkZ D;k gksrk gS\ 'kCn dks dkVus ds ckn ih-,e fjiksVZ ij Vhe us gLrk{kj D;ksa ugha fd;s x,\ Wherein answer is given by the concerned doctors to the effect in following terms-

"iksLVekWVZe fjiksVZ esa dVs@feVk;s x;s jkbfVax ,jj gS tks fd Vhe esEcj ¼efgyk jksx fo'ks"kK½ }kjk lR;kfir fd;k x;k gSA"

Question No.7-Â"Shri Kaushal Singh is asked whether he had taken any explanation of Digitally signed by MOHD TABISH KHAN Date: 2022.08.16 19:52:14 IST Dr. Rashi Rai in writing how that cutting of word 'Gravid' will be a writing error and how 3 it connects with the other words which are preceding or succeeding the word 'Gravid' in the postmortem report?

Where preceding words are Uro-Genital System-Conjested. Uterus Gravid (erased) Uterus with normal size.

Answer-Â"Shri Kaushal Singh admits that he had not sought any further clarification from the postmortem doctors. Shri Kaushal Singh submits that he had not made any further queries in regard to the explanation that use of word 'Gravid' was a writing error from the concerned doctor.

Shri Kaushal Singh is given an example by this Court that if during investigation he writes that its a case of homicidal death (murder) can he as an investigating officer of a case change it to a case of suicide saying that earlier writing was a typographical error.

Shri Kaushal Singh is not in a position to give reply to this query. Question No.8-Â"Shri Kaushal Singh is asked that where is the seizure memo of the bed sheet in which dead body was shifted from the scene of crime to the postmortem house because learned senior advocate had argued before this Court reading final report in Para 15 of which the I.O has mentioned that due to shifting of the dead body, it has come on record that blood stains on the toe and leg of the deceased were wiped of?

Answer-Shri Singh submits that there is no seizure memo of the said bed sheet on record or in his case diary.

Question No.9. Then on the basis of which material he has mentioned in that Final Report, the blood stains got wiped with the bed sheet in which dead body was wrapped?

Answer-the I.O. informs that he has no material to support this statement of his in the Final Report.

At this stage, learned Government Advocate Shri Aditya Narayan Gupta submits that there is seizure of the said bed sheet, however, the I.O. when shown the seizure Digitally signed by MOHD TABISH KHAN Date: 2022.08.16 19:52:14 IST 4 memo dated 03.12.2021 from Shehnai Garden, room No.105 submits that this seizure memo in which at serial No.1 there is mention of a white color bed sheet is the bed sheet which was seized from the spot and is not the bed sheet in which dead body was removed from the place of incident to the Hospital.

Question No.10-Â"I.O. is asked where is the seizure memo of the chair which was used to allegedly commit suicide and which is alleged to be the cause of injury to the toe?

Answer-Â"I.O. submits that there is no seizure memo of said chair. Shri Kaushal Singh submits that he had obtained a report from the Medico Legal Institute, Bhopal, which is signed by one Dr. Ashok Sharma, Director of Medico Legal Institute Bhopal and according to the Medico Legal Report and the report of the Autopsy Doctors, injury to the toe of the deceased was caused by the said white plastic chair.

Question No.11-Shri Singh is asked as to whether the said chair in question was sent to the Director Medico Legal Institute, Bhopal for his opinion or to the doctors, who conducted postmortem or the doctors from whom the query report was sought?

Answer-Shri Singh submits that chair was not forwarded either to the postmortem doctors initially or at the time of seeking their answer to the queries nor to the Director Medico Legal Institute, Bhopal but as per their opinion, the said injury was caused by that chair.

Shri Singh submits that earlier I.O. will be able to answer as to why chair in question was not seized and whether there was any blood stain on the said chair or not.

Question No.12-Shri Jagannath Gyarasiya is asked why the chair in question was not seized?

Answer is in silence.

Question No.13-When he is asked whether there were blood stains on the chair?

Answer-Hhe submits that he does not recall whether there were blood stains on the Digitally signed by MOHD TABISH KHAN Date: 2022.08.16 19:52:14 IST chair or not.

Question No.14-I.O. Shri Kaushal Singh is asked whether he understands the meaning of word 'Gravid'?

Answer-ÂÂÂ"He submits that he does not understand the meaning of word 'Gravid' which was used by the concerned doctor.

Question No.15-Â"When Shri Singh is asked as to when he does not know the meaning of word 'Gravid' then what investigation was carried out by him?

Answer-There is silence on his part.

Question No.16-When Shri Singh is asked as to whether he wants to add anything? Answer-He submits 'No', he does not wish to add anything further. Question No.17-Shri Jagannath Gyarasiya is also asked whether he would like to say something more than what has been recorded above?

Answer-He submits that he does not wish to say anything further.

Shri Vipul Shrivastava, Superintendent of Police, Narsinghpur submits that I.O., Jagannath had seized complete DVR constituting data of all the Nine cameras but he does not remember the number of cameras and the earlier I.O. had only produced data of two cameras. Thereafter, Shri Shrivastava submits that total data was recorded in a 128 GB pen drive and later on after certain observations were made by this Court in the earlier bail application then matter was re-investigated. Shri Vipul Shrivastava admits that there was mistake on the part of the I.O. in not seizing the plastic chair recovered from the scene of crime. When he is asked that why it was not seized on re-investigation being done under his supervision, he has no answer to the query. He has no explanation for non-seizure of the bed sheet in which body of the deceased was shifted from the scene of crime to the hospital.

Shri Vipul Shrivastava admits that I.O. or any of the police personnel were not authorized to temper with the scene of crime and could not have searched for the suicide Digitally signed by MOHD TABISH KHAN Date: 2022.08.16 19:52:14 IST 6 note without first videographing the scene of crime as it was received in the first instance. He is not in a position to answer as to what action was taken by him against the I.O. for tempering with the scene of crime. Shri Vipul Shrivastava has no explanation as to why statements of autopsy doctors were not recorded because the so called writing error is not usual.

Shri Vipul Shrivatava admits that error on the part of the I.O. in not sending the object of injury to the deceased either to the postmortem doctor or to the Director, Medico Legal Institute whose opinion is relied on by the I.O. and on the basis of which charge-sheet and supplementary charge-sheet have been filed.

At this stage, when Shri Vipul Shrivastava started explaining the meaning of word 'Gravid' and informed this Court that he had already informed his I.Os about the meaning and import of word 'Gravid'. At this stage, Shri Kaushal Singh submits that it means that it is related to 'Garbh Se'. He admits that seizure of uterus was not made.

Shri Singh admits that if the uterus would have been sealed by the concerned doctor then that would have thrown light as to whether it was a clerical mistake of writing word 'Gravid', it could have been corroborated or there was some mischief in the hands of the doctor.

Shri Anil Khare, learned Senior Advocate for the applicant submits that arguments are not going to be concluded during the course of the day.

On his request, list the case on 17.08.2022.

(VIVEK AGARWAL) JUDGE Signature Not Verified SAN Tabish Digitally signed by MOHD TABISH KHAN Date: 2022.08.16 19:52:14 IST