Document Fragment View

Matching Fragments

"Thus it is at the police station that SI Pratap Singh recorded statement of PW- 8 Rakesh Kumar JE and SI Pratap Singh had not conducted the investigation in a proper and fair manner and his conduct is evident that he is colluding with the accused and the same as not being done in an objective manner for the reasons best known to him. The court is not to play in the hands of investigating officer in case where investigation is defective. He has recorded the statement of PW-8 Rakesh Kumar JE at the police station along with statement of constable Mukesh Kumar and constable Parmod Kumar and after the case was registered, he left for the hospital and his statement in the Court as PW- 16 that he remained along with the accused at the spot till 5 PM and also that PW-8 JE Rakesh, remained with him is nothing but an attempt to distort the real facts and to help the accused. It is for these reasons that the rukka was written at the police station. There is a discrepancy regarding the name of the person who took the rukka because PW-6 the duty officer says that it was constable Mukesh Kumar who had taken the rukka whereas PW- 5 Constable Parmod Kumar and PW- 16 SI Pratap Singh for the reasons best known to him have stated that rukka was taken by constable Parmod Kumar whereas the evidence and that the position of other witnesses on the record suggests that statement of PW-8 Rakesh CRL.A.No.192/1998 Page 7 Kumar was recorded at the police station after 1 PM and the entire proceedings i.e. writing of rukka and the recording of FIR was done at the police station itself. There is another example of improper investigation by SI Pratap Singh which has been highlighted by Learned Counsel for the accused during the course of arguments. It is the inquest proceedings Ex PW- 12/DA in which SI Pratap Singh in Col No. 20 relating to the apparent cause of death has mentioned "not known(by falling from second-floor roof)". This document is also written at the hospital as it relates to inquest proceedings.