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Km. Hema Mishra vs State Of Up & Ors on 16 January, 2014

[29] When we examine the instant case in the light of the decision of the Hon'ble Supreme Court in the case of Hema(supra), this Court finds that this is a case of not only a defective investigation, but also failure on the part of the investigating officer to visit the occurrence place and prepare a rough sketch. In his evidence, P.W.4 stated that he and his police party along with the complainant left the Criminal Jail Appeal Nos.4 of 2013 with Criminal Jail Appeal No.5 of 2013 Page 22 of 46 spot i.e., VachonTharam for inspection. Admittedly, P.W.4 has not produced the rough sketch of the place of occurrence though he stated that he had prepared the rough sketch. As could be seen from the evidence of P.W.4 that on receipt of the complaint, he rushed to the house where the dead body kept and after conducting the inquest, he brought the dead body to Ukhrul police station and after conducting the post-mortem, handed over the body to the family members of the deceased.
Supreme Court of India Cites 35 - Cited by 238 - K Radhakrishnan - Full Document

Padam Singh vs State Of U.P on 30 November, 1999

Criminal Jail Appeal Nos.4 of 2013 with Criminal Jail Appeal No.5 of 2013 Page 11 of 46 [13] Making the above submissions and taking us to the depositions of the prosecution witnesses and relying upon the decisions of the Hon'ble Supreme Court in the cases of Rajesh Patel v. State of Jharkhand, (2013) 3 SCC 791; Madhu v. State of Kerala, (2012) 2 SCC 399; Padam Singh v. State of U.P., (2000) 1 SCC 621 and V. Vijay Kumar v. State of Kerala, (2000) 1 SCC 628, it is prayed to allow these jail appeals and set aside the impugned judgment of the trial Court.
Supreme Court of India Cites 3 - Cited by 91 - M B Shah - Full Document
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