[2013] 5 S.C.R. 1166 A KARAN SINGH v. STATE OF HARYANA AND ANR. (Criminal Appeal No. 1474 of 2010) MAY 28, 2013 B [DR. B.S. CHAUHAN AND DIPAK MISRA, .JJ.] Penal Code, 1860 - s.302 - Murder - Conviction by courts below - Held: Consistent versions by the material C witnesses regarding motive for murder - Prosecution case also supported by independent witness - There was no reason to falsely implicate the accused who was an influential person -conviction upheld. Investigation :D Tainted investigation - Effect - Held: Tainted investigation leads to miscarriage of criminal justice, and thus deprives a man of his fundamental rights guaranteed under Article 21 of the Constitution :.. Every investigation must be E judicious, fair transparent and expeditious to ensure compliance with the rules of law as required under Articles 19, 20 and 21 of the Constitution - Constitution of India, 1950 -Articles, 19, 20 and 21. Tainted investigation - Effect of - On prosecution caseF - Held: Every discrepancy in investigation does not result in acquittal unless proved that it was dishonest or guided investigation or seriously prejudiced the defence of the accused. G The appellant accused was prosecuted for killing a woman. The prosecution case was that when PW-3 was irrigating her agricultural fields alongwith her daughter PW-4, she heard cries of her daughter (the deceased). H 1166

KARAN SINGH v. STATE OF HARYANA 1167 She saw that appellant alongwith co-accused had put a A rope around the neck of the deceased and was dragging her in the field; and that the appellant had certain dispute with the deceased regarding non-payment of Rs. 47000/ - by the appellant as consideration, for the sale of a bufallo. Charge-sheet was filed against the appellant and B the co-accused was declared proclaimed offender. Trial court convicted the appellant-accused under s. 302 IPC, sentenced him to imprisonment for life and imposed fine of Rs. 25000/- with default clause. High C Court upheld the conviction and sentence. Hence, the present appeal.

Dismissing the appeal, "the Court HELD: 1.1. Consistent versions have been provided 0 by the material witnesses regarding the non-payment of the sum of Rs.47,000/- as sale consideration for the sale of a buffalo, by the appellant. This version of events also fully stands established by the evidence provided by PW.3 and PW.4. No attempt was made by the defence to E falsify the allegation of the non-payment of the sum of Rs.47,000/-. It also stands established from the material on record, that there had been an altercation between the appellant and the deceased 2-3 days before the incident, and the appellant had threatened the deceased with dire Fconsequences. Such version of events stands further fortified, by the evidence of PW.8, who is an independent witness. None of the witnesses have been properly cross-examined by the defence. Both the courts though have expressed their anguish regarding the manner in which the investigation was conducted, they have convicted G the appellant for the offence punishable under Section 302 IPC, and have awarded appropriate sentences. [Paras 6 to 8] [1175-D, F, G; 1176-B•C] 1.2. The presence of PWs 3 and 4 in the field cannot H 1168 SUPREME COURT REPORTS [2013] 5 S.C.R.

A be doubted, as it is usual for every agriculturist to carry out the task of irrigation, whenever his/her turn for irrigation arises. The defence had not asked PWs. 3 and 4 to furnish any further details regarding the cultivation of the land, in relation to the terms and conditions of the B Batai, and also regarding who's duty it was to irrigate the land, and what the source and means of irrigation were. [Para 9) [1176-E-F] 1.3. The courts below rightly held that there was no reason for the false implication of the accused, who being C the Sarpanch of the village was an influential person; that PW.8 was an independent witness and there was no ground to disregard his testimony; and that Abadi was at some distance from the place of occurrence and hence, the hue and cry raised by the deceased, and D subsequently by PW.3, could not have attracted the attention of any person. [Para 17) [1181-B-D] 1.4. Other theories introduced by the defence are liable to be rejected. Their stating that the deceased had E been a woman of easy virtue, her having illicit relationships with a large number of persons; humiliation of her mother (PW.3) etc. cannot adversely affect the case of the prosecution. The theory of political rivalry between certain persons and the appellant, at whose behest PW.3 F and PW.4 had levelled the allegation of such a heinous crime, also do not inspire confidence. [Para 8, 10) [1176-C; 1176-H; 1177-A]

2.1.The investigation into a criminal offence must be free from any objectionable features or infirmities which G may give rise to an apprehension in the mind of the complainant or the accused, that investigation was not fair and may have been carried out with some ulterior motive. The Investigating Officer must not indulge in any kind of mischief, or cause harassment either to the H complainant or to the accused. His conduct must be KARAN SINGH v. STATE OF HARYANA 1169 entirely impartial and must dispel any suspicion regarding A the genuineness of the investigation. The Investigating Officer, "is not merely present to strengthen the case of the prosecution with evidence that will enable the court to record a conviction, but to bring out the real unvarnished version of the truth." Ethical conduct on the B part of the investigating agency is absolutely essential, and there must be no scope for any allegation of ma/a fides or bias. [Para 12] [1177-C-F] Ram Bihari Yadav vs. State of Bihar & Ors. AIR 1998 SC 1850: 1998 (2) SCR 1097; Amar Singh vs. Ba/winder Singh C & Ors. AIR 2003 SC 1164: 2003 (1) SCR 754; Ram Bali vs. State of Uttar Pradesh AIR 2004 SC 2329: 2004 (1) Suppl. SCR 195 - relied on.

2.2. Words like 'personal liberty' contained in Article 0 21 of the Constitution provide for the widest amplitude, covering all kinds of rights particularly, the right to personal liberty of the citizens of lndi.a, and a person cannot be deprived of the same without following the procedure prescribed by law. In this way, the E investigating agencies are the guardians of the liberty of innocent citizens. Therefore, a duty is cast upon the Investigating Officer to ensure that an innocent person should not suffer from unnecessary harassment of false implication, however, at the same time, an accused F person must not be given undue leverage. An investigation cannot be interfered with or influenced even by the courts. Therefore, the investigating agency must avoid entirely any kind of extraneous influence, and investigation must be carried out with equal alacrity and fairness irrespective of the status of the accused or the G ·complainant, as a tainted investigation definitely leads to the miscarriage of criminal justice, and thus deprives a man of his fundamental rights guaranteed under Article 21 of the Constitution. Thus, every investigation must be judicious, fair, transparent and expeditious to ensure H 1170 SUPREME COURT REPORTS [2013] 5 S.C.R. A compliance with the rules of law, as is required under Articles 19, 20 and 21 of the Constitution. [Para 12] [1177-C-F] Babubhai vs. State of Gujarat & Ors. (2010) 12 SCC 254: 2010 (10) SCR 651 - relied on.8

2.3. Omissions made on the part of the Investigating Officer, where the prosecution succeeds in proving its case beyond any reasonable doubt by way of adducing evidence, particularly that of eye-witnesses and other C witnesses, would not be fatal to the case of the prosecution, for the reason that every discrepancy present in the investigation does not weigh upon the court to the extent that it -necessarily results in the acquittal of accused, unless it is proved that the D investigation was held in such. manner that it is dubbed as "a dishonest or guided investigation", which will exonerate the accused. Thus, unless lapses made on the part of Investigating authorities are such, so as to cast a reasonable doubt on the case of the prosecution, or E seriously prejudice the defence of the accused, the court would not set aside the conviction of the accused merely on the ground of tainted investigation. [Para 14] [1178-F-H; 1179-B-C]

2.4. There is adequate evidence on record to show F that PW.9, who had conducted the investigation at its initial stage, had not acted in accordance with law and had favoured the appellant. It was for this reason that the police authorities upon a complaint made, changed the Investigating Officer, who then conducted the G investigation properly. In spite of the fact that certain serious findings have been recorded by the Trial Court, as well as by the High Court regarding the unfair investigation conducted by the SHO of the Police Station, but for the reasons best known to the administration, no H action was- taken against him.- The Chief Secretal'.,Y.Of.• - - __ .:_,,_th9 ·~i KARAN SINGH v. STATE OF HARYANA 1171 State of Haryana is requested to examine the case, and A proceed in accordance with law. [Paras 11 and 19] [1177-B; 1181..,G-H; 1182-A-B] Sonali Mukherjee vs. Union of India (2010) 15 SCC 25: 2009 (14) SCR 858; Mohd. lmran Khan vs. State Government B (NCT of Delhi) (2011) 10 sec 192: 2011 (15) SCR 1030; Sheo Shankar Singh vs. State of Jharkhand and Anr. AIR 2011 SC 1403: 2011 (4) SCR 312; Gajoo vs. State of Uttarakhand (2012) 9 SCC 532: 2012 (7) SCR 1033; Shyamal Ghosh vs. State of West Bengal AIR 2012 SC 3539: 2012 (10) SCR 95; Hirata/ Pandey and Ors. vs. State of U.P. C AIR 2012 SC 2541: 2012 (3) SCR 1066 - relied on. Dayal Singh and Ors. vs. State of Uttaranchal (2012) 8 SCC 263: 2012(10) SCR 157 - referred to. D Case Law Reference:

2010 (10) SCR 651 relied on Para 12 1998 (2) SCR 1097 relied on Para 13 2003 (1) SCR 754 relied on Para 13 E 2004 (1) Suppl. SCR 195 relied on Para 13 2009 (14) SCR 858 relied on Para 14 2011 (15) SCR 1030 relied on Para 14 f 2011 (4) SCR 312 relied on Para 14 2012 (7) SCR 1033 relied on Para 14 2012 (10) SCR 95 relied on Para 14 G 2012 (3) SCR 1066 reJied on Para 14 2012 (10) SCR 157 referred to Para 15 CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 1474 of 2010. · H 1172 SUPREME COURT REPORTS [2013) 5 S.C.R. A From the Judgment and Order dated 06.02.2009 of the High Court of Punjab & Haryana at Chandigarh in Criminal Appeal No. 226-DB of 2007. Neeraj Kumar Jain, Rishi Malhotra, Devashish Bharuka for the Appellant.8 Manjit Singh, AAG, Ramesh Kumar, Kamal Mohan Gupta for the Respondents.

The Judgment of the Court was delivered by c DR. B.S. CHAUHAN, J. 1. This appeal has been preferred against the impugned judgment and order dated 6.2.2009 in Criminal Appeal No.226-DB of 2007, passed by the High Court of Punjab & Haryana at Chandigarh, by way of which the High Court has affirmed the judgment and order D dated 8.2.2007, passed by the Additional Sessions Judge, Bhiwani in Sessions Trial No.110 of 8.9.2005, by way of which and whereunder the Trial Court has convicted the appellant under Section 302 of the Indian Penal Code 1860 (hereinafter referred to as the 'IPC'), and sentenced him to undergo E imprisonment for life and to pay a fine of Rs.25,000/-. In default of payment of such fine, he would further suffer RI for a period of 3 years. 2. Facts and circumstances giving rise to this appeal as F per the prosecution are that:-A. In the intervening night between 6-7.1.2005, Maya Devi (PW.3), mother of Raj, deceased was irrigating her agricultural fields alongwith her daughter Birma (PW.4). On hearing the G cries of her daughter Raj, Maya Devi and Birma reached th~ spot and saw that one Kalia had caught hold of Raj and Karan Singh, the appellant had put a rope around her neck and was dragging her deeper into the fields. Maya Devi (PW.3) raised cc:m~erable hue and cry but attracted no help, and Raj died on the spot as a result of the throttling. In the morning, Maya KARAN SINGH v. STATE OF HARYANA 1173 [DR. B.S. CHAUHAN, J.]

Devi (PW.3) went to the place of occurrence alongwith her son A Hariom (a simpleton). There were marks of dragging in the wheat field. A contusion mark on the neck of deceased was also clearly visible. B. Maya Devi (PW.3) went to the police station to file a 8 report. On her way there, she met some polite officials and she informed them about the incident, based on which, an FIR was registered on 7.1.2005, under Sections 302/34 IPC at the Police Station, Sadar Charkhi Dadri. C. The dead body of Raj was sent for post-mortem. Dr. C U.S. Dasodia (PW.7), conducted the post-mortem on the body of the deceased and found a ligature mark on her neck. He has opined that she died due to asphyxia, caused by strangulation which was sufficient to cause death in the ordinary course of nature. The time gap between her injuries and death was only D a few minutes, and between her death and post-mortem, less than 24 hours.

Do The police recorded the statements of various persons including Maya Devi (PW.3), Birma (PW.4) anlongwith other E people. After completing the investigation, a chargesheet was filed against the appellant. The co-accused Kalia, could not be apprehended and was declared as a proclaimed offender. E The case of the prosecution is that Karan Singh, the appellant, had a certain dispute with deceased Raj regarding F the non-payment of ~ues to her to the extent of Rs.47,000/-, as consideration for the sale of a buffalo by the deceased Raj. Since the appellant had not paid the said mo"ney~Jhere was a quarrel between them on 3-4.1.2005 as regards the same, wherein appellant had threatened to kill her. In furtherance G thereof, Raj was murdered by the appellant. F. The prosecotion examined several witnesses including Maya Devi (PW."3), Birma {PW.4) and Omkar Singh (PW.8). The statement of the accused-appellant was recorded under H 1174 SUPREME COURT REPORTS [2013] 5 S.C.R. A Section 313 of Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.') After the conclusion of the trial, the learned Sessions Judge, Bhiwani, convicted and sentenced the appellant, as has been referred to hereinabove. Hence, this appeal.B

3. Shri Neeraj Kumar Jain, learned senior counsel appearing for the appellant has submitted, that the investigation in the instant case, was tainted. The statement under Section 161 Cr.P.C. had been recorded after several months of the C incident. Raj, deceased was a woman who had gotten separated from her husband for the reason that she had been a woman of easy virtue, and had also been living separately from her mother and sister. The specific case of Maya Devi (PW.3), mother of deceased was, that she had gone alongwith D her daughter to irrigate the fields, though in her cross-examination she has admitted that the agricultural land had been given to one Khazan, upon sharing of the agricultural produce (Batai). Birma (PW.4), the sister of the deceased has deposed that they did not cultivate the land themselves. E The Trial Court did not believe the version of events as provided by Maya Devi (PW.3) and Birma (PW.4), but treated the case as one of circumstantial evidence. The entire case of the prosecution is improbable. Thus, the appeal deserves to be allowed. F

4. On the contrary, Shri Manjit Singh, AAG, appearing for the State of Haryana, has opposed the appeal contending that the courts below have recorded concurrent findings of fact. The defence had not put any question in the cross-examination G either to Maya Devi (PW.3) or Birma (PW.4), regarding the non-payment of the sum of Rs.47,000/- as consideration for the sale of a buffalo by the deceased Raj to Karan Singh, appellant, despite the fact that there was ample evidence on record to show that there had been an altercation regarding the non-H KARAN SINGH v. STATE OF HARYANA 1175 [DR. B.S. CHAUHAN, J.] payment of the said amount on 3.1.2005, between the A deceased and the appellant. The appellant had threatened to kill her. Moreover, this statement stood corroborated by the deposition of Omkar Singh (PW.8). In the event that there had been some impropriety in the course of the investigation, the same had been only at the behest of the appellant and that too, B entirely in his favour and certainly not in the favour of the prosecution. The appellant has made a disclosure statement about concealing t.he rope that had been used in the crime, but the Investigating Officer has not made any effort to recover the same. Thus, the 1lppeal is liable to be rejected. c 5. We have considered the rival submissions made by learned counsel for the parties and perused the record.

6. Consistent versions have been provided by the material witnes~es regarding the non-payment of the sum of Rs.47,000/ D - as sale consideration for the sale of a buffalo, by the appellant. This version of events also fully stands established by the evidence proviC:led by Maya Devi (PW.3) and Birma (PW.4). In his statement under Section 313 Cr.P.C., the defence did not.ask anyquestion to test the veracity of the said statement, E either to Maya Devi (PW.3) or to Birma (PW.4). Mere denial stating that the same is incorrect by the appellant, is not sufficient and there is no reason to disbelieve the said portion of the case of the prosecution. It also stands established from the material on record, that there had been an altercation F between the appellant and the deceased 2-3 days before th.e incident, and the appellant had threatened the deceased with dire consequences. Such version of events stands further fortified, by the evidence of Omkar Singh (PW.8). 7. Omkar Singh (PW.8) is an independent witness who G has deposed that on the fateful day, he had gone to bring some vegetables from a shop. The accused-appellant had then come there from the side of the Harijan Basti, asking where Raj (prostitute) had gone, and had stated that he would kill her H 1176 SUPREME COURT REPORTS [20131 s ·s.c.R. A within 2-3 days. The accused-appellant had been having illicit relations with the deceased, and at the said time, the accused had been under the influence of alcohol.

8. None of these witnesses have been properly cross-B examined by the defence. Both the courts though have expressed their anguish regarding the manner in which the investigation was conducted, they have convicted the appellant for the offence punishable under Section 302 IPC, and have awarded appropriate sentences. A large number of other C theories were introduced by the defence stating that the deceased had been a woman of easy virtue, and that it was for this reason that her husband had divorced her, she had settled in the village and had been iiving in a separate house, away from her mother's house, and that even here, she had D been having illicit relationships with a large number of persons, etc. In relation to the same, a Panchayat was also conducted, and Maya Devi (PW.3) etc. had been humiliated. Be that as it may, this kind of theory could not adversely affect the case of the prosecution.

E . 9. So far as the issue of cultivating the said land is concerned, the defence had not asked PWs.3 and 4 to furnish any further details regarding the cultivation of the land, in relation to the terms and conditions of the Batai, and also regarding who's duty it was to irrigate the land, and what the source and F means of irrigation were, as they have claimed to be in the agriculture fields at mid night for purpose of irrigating the same. Their presence cannot be doubted, as it is usual for every agriculturist to carry out the task of irrigation, whenever his/her turn for irrigation arises. G 10. As the defence has not put any further question in the course of the cross-examination of Maya Devi (PW.3) and Birma (PW.4) in this regard, we are not in a position to grant the benefit of any of these issues to the appellant. The theory of political rivalry between certain persons and the appellant, H KARAN SINGH v. STATE OF HARYANA 1177 [DR. B.S. CHAUHAN, J.] at whose behest Maya Devi (PW.3) and Birma (PW.4) had A levelled the allegation of such a heinous crime, do not inspire confidence. The same are thus liable to be rejected.

11. There is adequate evidence on record to show that Rajesh Kumar, SI (PW.9), who had conducted the investigation 8 at its initial stage, had not acted in accordance with law and had favoured the appellant. It was for this reason that the police authorities upon a complaint made, changed the Investigating Officer, who then conducted the investigation properly.

12. The investigation into a criminal offence must be free C from any objectionable features or infirmities which may give , rise to an apprehension in the mind of the complainant or the accused, that investigation was not fair and may have been carried out with some ulterior motive. The Investigating Officer must not indulge in any kind of mischief, or cause harassment D either to the complainant or to the accused. His conduct must be entirely impartial and must dispel any suspicion regarding the genuineness of the investigation. The Investigating Officer, "is not merely present to strengthen the case of the prosecution with evidence that will enable the court to record a conviction, E but to bring out the real unvarnished version of the truth." Ethical conduct on the part of the investigating agency is absolutely essential, and there must be no scope for any allegation of mala fides or bias. Words like 'personal liberty' contained in Article 21 of the Constitution of India provide for the widest amplitude, F covering all kinds of rights particularly, the right to personal liberty of the citizens of India, and a person cannot be deprived of the same without following the procedure prescribed by law. In this way, the investigating agencies are the guardians of the liberty of innocent citizens. Therefore, a duty is cast upon the Investigating Officer to ensure that an innocent person should G not suffer from unnecessarily harassment of false implication, however, at the same time, an accused person must not be , given undueJ~verage. An investigation cannot be interfered with or influenced even by the courts. Therefore, the investigating H

1178 SUPREME COURT REPORTS [2013] 5 S.C.R. A agency must avoid entirely any kind of extraneous influence, and investigation must be carried out with equal alacrity and fairness irrespective of the status of the accused or the complainant, as a tainted investigation definitely leads to the miscarriage of criminal justice, and thus deprives a man of his fundamental B rights guaranteed under Article 21 of the Constitution. Thus, every investigation must be judicious, fair, transparent and expeditious to ensure compliance with the rules of law, as is required under Articles 19, 20 and 21 of the Constitution. (Vide: Babubhai v. State of Gujarat & Ors., (2010) 12 SCC 254). c 13. In Ram Bihari Yadav v. State of Bihar & Ors., AIR 1998 SC 1850, this Court observed, that if primacy is given to a designed or negligent investigation, or to the omissions or lapses created as a result of a faulty investigation, the faith and confidence of the people would be shaken not only in the law D enforcing agency, but also in the administration of justice. A similar view has been re-iterated by this Court in Amar Singh v. Ba/winder Singh & Ors., AIR 2003 SC 1164. E Furthermore, in Ram Bali v. State of Uttar Pradesh, AIR 2004 SC 2329, it was held by this Court that the court must ensure that the defective investigation purposely carried out by the Investigating Officer, does not affect the credibility of the version of events given by the prosecution.

F 14. Omissions made on the part of the Investigating Officer, where the prosecution succeeds in proving its case beyond any reasonable doubt by way of adducing evidence, particularly that of eye-witnesses and other witnesses, would not be fatal to the case of the prosecution, for the reason that every discrepancy G present in the investigation does not weigh upon the court to the extent that it necessarily results in the acquittal of accused, unless it is proved that the investigation was held in such manner that it is dubbed as "a dishonest or guided investigation", which will exonerate the accused. (See: Sonali H KARAN SINGH v. STATE OF HARYANA 1179 [DR. B.S. CHAUHAN, J.] Mukherjee v. Union of India, (2010) 15 SCC 25; Mohd. Im ran A Khan v. State Government (NCT of Delhi), (2011) 10 SCC 192; Sheo Shankar Singh v. State of Jharkhand & Anr., AIR 2011 SC 1403; Gajoo v. State of Uttarakhand, (2012) 9 SCC 532; Shyama/ Ghosh v. State of West Bengal, AIR 2012 SC 3539; and Hirata/ Pandey & Ors. v. State of U.P., AIR 2012 B SC 2541). Thus, unless lapses made on the part of Investigating authorities are such, so as to cast a reasonable doubt on the case of the prosecution, or seriously prejudice the defence of the accused, the court would not set aside the conviction of the C accused merely on the ground of tainted investigation.

15. This Court in Dayal Singh & Ors. v. State of Uttaranchal, (2012) 8 sec 263, has laid down certain norms for taking stern action against an Investigating Officer, guilty of o dereliction of duty or misconduct in conducting investigation, and held -that the State is bound to initiate disciplinary proceedings against such officers even ignoring the law of limitation, and even if such officer has retired. 16. In the instant case, the Trial Court and the High Court E have elaborately examined the grievances raised by the complainant regarding the tainted investigation carried on by the first Investigating Officer, Shri Rajesh Kumar, and the High Court has commented on the same as under: F "It is well established on record that SI Rajesh Kumar had not conducted the investigation properly and he was favourably inclined to the appellant and therefore, spoiled the case. Detailed reasons have been recorded by learned trial court in paragraph 19 of its judgment manifesting that G the appellant had influence over the police. We agree with the said reasoning of the trial court which is also apparent from the contentions advanced by learned State counsel, as noticed hereinabove. There were marks of dragging the deceased as mentioned in the inquest report, but still SI H 1180 SUPREME COURT REPORTS (2013] 5 S.C.R.

A Rajesh Kumar did not depict the said marks in the rough site plan Ex.P-25 prepared by him. He also did not avail of the services of dog squad or crime team of the Forensic Science Laboratory. Shutter of shop, where the deceased used to reside, had also been broken, but the Investigating-Officer did not care to get the same photographed norB mentioned the same anywhere in the investigation proceedings. Therefore, the complainant cannot be made to suffer for the lapse of the Investigating Officer ....... The complainant is a widow having seven daughters and only c one son, who is also simpleton. The deceased was also a divorcee and was living alone in the house (shop) in the fields in her parental village ....... The complainant Maya Devi, who is mother of the deceased, is a widow and illiterate rustic villager, whereas the deceased was divorcee. On the other hand, the appellant is an influentialD person and was Sarpanch at the time of occurrence. The complainant named the appellant and his co-accused Kalia in the FIR itself. However, distorted version was recorded in the FIR and when the complainant party received copy of FIR on 26.1.2005 (as stated by Birma E Devi PW.4), they learnt of the same and then they approached the Superintendent of Police (SP), who also did not take any action because the appellant, along with Member Legislative Assembly, had met the SP.

Thereafter, with change of SP, the complainant party again F approached the new SP and it was only thereafter that on 18.2.2005, correct statements of Maya Devi and Birma Devi were recorded. The appellant was so much influential that even thereafter, he was not arrested for more than four months and in fact, SI Rajesh Kumar did not arrest him and G the next Investigating Officer ASI Raghbir Singh arrested the appellant on 24.6.2005. The appellant had been named in the FIR on 7.1.2005, but still SI Rajesh Kumar did not even join him in investigation and did not interrog~te him, what to talk of arresting him. The statements of Maya Devi H KARAN SINGH v. STATE OF HARYANA 1181 [DR. B.S. CHAUHAN, J.] and Birma Devi, therefore, cannot be discarded in view A of the manner in which SI Rajesh Kumar was conducting the investigation from the very beginning." 17. After considering the entire evidence on record, the High Court has concurred with the findings recorded by the Trial 8Court as under: (i} There is no reason for the false implication of the appellant, who being the Sarpanch of the village was an influential person. c ·(ii) Omkar Singh (PW.8) was an independent witness and there was no ground to disregard his testimony. (iii) Abadi was at some distance from the place of occurrence. Therefore, the hue and cry raised by Raj-deceased, and subsequently by Maya Devi (PW.3), could D not have attracted the attention of any person.

(iv) No attempt was made by the defence to falsify the allegation of the non payment of the sum of Rs.47,000/-, as consideration for the sale of a buffalo by the deceased E to the appellant. 18. In view of the above, we do not find any force in the appeal, which lacks merit and is accordingly, dismissed. 19. Before parting with the case, we feel it necessary to F bring the matter to the notice of the administration of the State of Haryana that in spite of the fact that certain serious findings have been recorded by the Trial Court, as well as by the High Court regarding the unfair investigation conducted by Shri Rajesh Kumar, who was the SHO of the Police Station, Sadar G Dadri on 7.1.2005, but for the reasons best known to the administration, no action was taken against him. We have no words to express our anguish, and fail to understand under what circumstances the State authorities have adopted such an indifferent attitude where a helpless divorcee has been H 1182 SUPREME COURT REPORTS [2013] 5 S.C.R. A murdered, and her widowed mother has been crying and· running from pillar to post to secure justice, but the administration did not feel it necessary to wake up from its deep slumber. We request the learned Chief Secretary of the State of Haryana to examine the case, and proceed in accordance B with law. A copy of the judgment be sent by the registry directly to the Chief Secretary, Haryana. K.K.T. Appeal dismissed.

[2013] 5 S.C.R. 1166 A KARAN SINGH v. STATE OF HARYANA AND ANR. (Criminal Appeal No. 1474 of 2010) MAY 28, 2013 B [DR. B.S. CHAUHAN AND DIPAK MISRA, .JJ.] Penal Code, 1860 - s.302 - Murder - Conviction by courts below - Held: Consistent versions by the material C witnesses regarding motive for murder - Prosecution case also supported by independent witness - There was no reason to falsely implicate the accused who was an influential person -conviction upheld. Investigation :D Tainted investigation - Effect - Held: Tainted investigation leads to miscarriage of criminal justice, and thus deprives a man of his fundamental rights guaranteed under Article 21 of the Constitution :.. Every investigation must be E judicious, fair transparent and expeditious to ensure compliance with the rules of law as required under Articles 19, 20 and 21 of the Constitution - Constitution of India, 1950 -Articles, 19, 20 and 21. Tainted investigation - Effect of - On prosecution caseF - Held: Every discrepancy in investigation does not result in acquittal unless proved that it was dishonest or guided investigation or seriously prejudiced the defence of the accused. G The appellant accused was prosecuted for killing a woman. The prosecution case was that when PW-3 was irrigating her agricultural fields alongwith her daughter PW-4, she heard cries of her daughter (the deceased). H 1166

KARAN SINGH v. STATE OF HARYANA 1167 She saw that appellant alongwith co-accused had put a A rope around the neck of the deceased and was dragging her in the field; and that the appellant had certain dispute with the deceased regarding non-payment of Rs. 47000/ - by the appellant as consideration, for the sale of a bufallo. Charge-sheet was filed against the appellant and B the co-accused was declared proclaimed offender. Trial court convicted the appellant-accused under s. 302 IPC, sentenced him to imprisonment for life and imposed fine of Rs. 25000/- with default clause. High C Court upheld the conviction and sentence. Hence, the present appeal.

Dismissing the appeal, "the Court HELD: 1.1. Consistent versions have been provided 0 by the material witnesses regarding the non-payment of the sum of Rs.47,000/- as sale consideration for the sale of a buffalo, by the appellant. This version of events also fully stands established by the evidence provided by PW.3 and PW.4. No attempt was made by the defence to E falsify the allegation of the non-payment of the sum of Rs.47,000/-. It also stands established from the material on record, that there had been an altercation between the appellant and the deceased 2-3 days before the incident, and the appellant had threatened the deceased with dire Fconsequences. Such version of events stands further fortified, by the evidence of PW.8, who is an independent witness. None of the witnesses have been properly cross-examined by the defence. Both the courts though have expressed their anguish regarding the manner in which the investigation was conducted, they have convicted G the appellant for the offence punishable under Section 302 IPC, and have awarded appropriate sentences. [Paras 6 to 8] [1175-D, F, G; 1176-B•C] 1.2. The presence of PWs 3 and 4 in the field cannot H 1168 SUPREME COURT REPORTS [2013] 5 S.C.R.

A be doubted, as it is usual for every agriculturist to carry out the task of irrigation, whenever his/her turn for irrigation arises. The defence had not asked PWs. 3 and 4 to furnish any further details regarding the cultivation of the land, in relation to the terms and conditions of the B Batai, and also regarding who's duty it was to irrigate the land, and what the source and means of irrigation were. [Para 9) [1176-E-F] 1.3. The courts below rightly held that there was no reason for the false implication of the accused, who being C the Sarpanch of the village was an influential person; that PW.8 was an independent witness and there was no ground to disregard his testimony; and that Abadi was at some distance from the place of occurrence and hence, the hue and cry raised by the deceased, and D subsequently by PW.3, could not have attracted the attention of any person. [Para 17) [1181-B-D] 1.4. Other theories introduced by the defence are liable to be rejected. Their stating that the deceased had E been a woman of easy virtue, her having illicit relationships with a large number of persons; humiliation of her mother (PW.3) etc. cannot adversely affect the case of the prosecution. The theory of political rivalry between certain persons and the appellant, at whose behest PW.3 F and PW.4 had levelled the allegation of such a heinous crime, also do not inspire confidence. [Para 8, 10) [1176-C; 1176-H; 1177-A]

2.1.The investigation into a criminal offence must be free from any objectionable features or infirmities which G may give rise to an apprehension in the mind of the complainant or the accused, that investigation was not fair and may have been carried out with some ulterior motive. The Investigating Officer must not indulge in any kind of mischief, or cause harassment either to the H complainant or to the accused. His conduct must be KARAN SINGH v. STATE OF HARYANA 1169 entirely impartial and must dispel any suspicion regarding A the genuineness of the investigation. The Investigating Officer, "is not merely present to strengthen the case of the prosecution with evidence that will enable the court to record a conviction, but to bring out the real unvarnished version of the truth." Ethical conduct on the B part of the investigating agency is absolutely essential, and there must be no scope for any allegation of ma/a fides or bias. [Para 12] [1177-C-F] Ram Bihari Yadav vs. State of Bihar & Ors. AIR 1998 SC 1850: 1998 (2) SCR 1097; Amar Singh vs. Ba/winder Singh C & Ors. AIR 2003 SC 1164: 2003 (1) SCR 754; Ram Bali vs. State of Uttar Pradesh AIR 2004 SC 2329: 2004 (1) Suppl. SCR 195 - relied on.

2.2. Words like 'personal liberty' contained in Article 0 21 of the Constitution provide for the widest amplitude, covering all kinds of rights particularly, the right to personal liberty of the citizens of lndi.a, and a person cannot be deprived of the same without following the procedure prescribed by law. In this way, the E investigating agencies are the guardians of the liberty of innocent citizens. Therefore, a duty is cast upon the Investigating Officer to ensure that an innocent person should not suffer from unnecessary harassment of false implication, however, at the same time, an accused F person must not be given undue leverage. An investigation cannot be interfered with or influenced even by the courts. Therefore, the investigating agency must avoid entirely any kind of extraneous influence, and investigation must be carried out with equal alacrity and fairness irrespective of the status of the accused or the G ·complainant, as a tainted investigation definitely leads to the miscarriage of criminal justice, and thus deprives a man of his fundamental rights guaranteed under Article 21 of the Constitution. Thus, every investigation must be judicious, fair, transparent and expeditious to ensure H 1170 SUPREME COURT REPORTS [2013] 5 S.C.R. A compliance with the rules of law, as is required under Articles 19, 20 and 21 of the Constitution. [Para 12] [1177-C-F] Babubhai vs. State of Gujarat & Ors. (2010) 12 SCC 254: 2010 (10) SCR 651 - relied on.8

2.3. Omissions made on the part of the Investigating Officer, where the prosecution succeeds in proving its case beyond any reasonable doubt by way of adducing evidence, particularly that of eye-witnesses and other C witnesses, would not be fatal to the case of the prosecution, for the reason that every discrepancy present in the investigation does not weigh upon the court to the extent that it -necessarily results in the acquittal of accused, unless it is proved that the D investigation was held in such. manner that it is dubbed as "a dishonest or guided investigation", which will exonerate the accused. Thus, unless lapses made on the part of Investigating authorities are such, so as to cast a reasonable doubt on the case of the prosecution, or E seriously prejudice the defence of the accused, the court would not set aside the conviction of the accused merely on the ground of tainted investigation. [Para 14] [1178-F-H; 1179-B-C]

2.4. There is adequate evidence on record to show F that PW.9, who had conducted the investigation at its initial stage, had not acted in accordance with law and had favoured the appellant. It was for this reason that the police authorities upon a complaint made, changed the Investigating Officer, who then conducted the G investigation properly. In spite of the fact that certain serious findings have been recorded by the Trial Court, as well as by the High Court regarding the unfair investigation conducted by the SHO of the Police Station, but for the reasons best known to the administration, no H action was- taken against him.- The Chief Secretal'.,Y.Of.• - - __ .:_,,_th9 ·~i KARAN SINGH v. STATE OF HARYANA 1171 State of Haryana is requested to examine the case, and A proceed in accordance with law. [Paras 11 and 19] [1177-B; 1181..,G-H; 1182-A-B] Sonali Mukherjee vs. Union of India (2010) 15 SCC 25: 2009 (14) SCR 858; Mohd. lmran Khan vs. State Government B (NCT of Delhi) (2011) 10 sec 192: 2011 (15) SCR 1030; Sheo Shankar Singh vs. State of Jharkhand and Anr. AIR 2011 SC 1403: 2011 (4) SCR 312; Gajoo vs. State of Uttarakhand (2012) 9 SCC 532: 2012 (7) SCR 1033; Shyamal Ghosh vs. State of West Bengal AIR 2012 SC 3539: 2012 (10) SCR 95; Hirata/ Pandey and Ors. vs. State of U.P. C AIR 2012 SC 2541: 2012 (3) SCR 1066 - relied on. Dayal Singh and Ors. vs. State of Uttaranchal (2012) 8 SCC 263: 2012(10) SCR 157 - referred to. D Case Law Reference:

2010 (10) SCR 651 relied on Para 12 1998 (2) SCR 1097 relied on Para 13 2003 (1) SCR 754 relied on Para 13 E 2004 (1) Suppl. SCR 195 relied on Para 13 2009 (14) SCR 858 relied on Para 14 2011 (15) SCR 1030 relied on Para 14 f 2011 (4) SCR 312 relied on Para 14 2012 (7) SCR 1033 relied on Para 14 2012 (10) SCR 95 relied on Para 14 G 2012 (3) SCR 1066 reJied on Para 14 2012 (10) SCR 157 referred to Para 15 CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 1474 of 2010. · H 1172 SUPREME COURT REPORTS [2013) 5 S.C.R. A From the Judgment and Order dated 06.02.2009 of the High Court of Punjab & Haryana at Chandigarh in Criminal Appeal No. 226-DB of 2007. Neeraj Kumar Jain, Rishi Malhotra, Devashish Bharuka for the Appellant.8 Manjit Singh, AAG, Ramesh Kumar, Kamal Mohan Gupta for the Respondents.

The Judgment of the Court was delivered by c DR. B.S. CHAUHAN, J. 1. This appeal has been preferred against the impugned judgment and order dated 6.2.2009 in Criminal Appeal No.226-DB of 2007, passed by the High Court of Punjab & Haryana at Chandigarh, by way of which the High Court has affirmed the judgment and order D dated 8.2.2007, passed by the Additional Sessions Judge, Bhiwani in Sessions Trial No.110 of 8.9.2005, by way of which and whereunder the Trial Court has convicted the appellant under Section 302 of the Indian Penal Code 1860 (hereinafter referred to as the 'IPC'), and sentenced him to undergo E imprisonment for life and to pay a fine of Rs.25,000/-. In default of payment of such fine, he would further suffer RI for a period of 3 years. 2. Facts and circumstances giving rise to this appeal as F per the prosecution are that:-A. In the intervening night between 6-7.1.2005, Maya Devi (PW.3), mother of Raj, deceased was irrigating her agricultural fields alongwith her daughter Birma (PW.4). On hearing the G cries of her daughter Raj, Maya Devi and Birma reached th~ spot and saw that one Kalia had caught hold of Raj and Karan Singh, the appellant had put a rope around her neck and was dragging her deeper into the fields. Maya Devi (PW.3) raised cc:m~erable hue and cry but attracted no help, and Raj died on the spot as a result of the throttling. In the morning, Maya KARAN SINGH v. STATE OF HARYANA 1173 [DR. B.S. CHAUHAN, J.]

Devi (PW.3) went to the place of occurrence alongwith her son A Hariom (a simpleton). There were marks of dragging in the wheat field. A contusion mark on the neck of deceased was also clearly visible. B. Maya Devi (PW.3) went to the police station to file a 8 report. On her way there, she met some polite officials and she informed them about the incident, based on which, an FIR was registered on 7.1.2005, under Sections 302/34 IPC at the Police Station, Sadar Charkhi Dadri. C. The dead body of Raj was sent for post-mortem. Dr. C U.S. Dasodia (PW.7), conducted the post-mortem on the body of the deceased and found a ligature mark on her neck. He has opined that she died due to asphyxia, caused by strangulation which was sufficient to cause death in the ordinary course of nature. The time gap between her injuries and death was only D a few minutes, and between her death and post-mortem, less than 24 hours.

Do The police recorded the statements of various persons including Maya Devi (PW.3), Birma (PW.4) anlongwith other E people. After completing the investigation, a chargesheet was filed against the appellant. The co-accused Kalia, could not be apprehended and was declared as a proclaimed offender. E The case of the prosecution is that Karan Singh, the appellant, had a certain dispute with deceased Raj regarding F the non-payment of ~ues to her to the extent of Rs.47,000/-, as consideration for the sale of a buffalo by the deceased Raj. Since the appellant had not paid the said mo"ney~Jhere was a quarrel between them on 3-4.1.2005 as regards the same, wherein appellant had threatened to kill her. In furtherance G thereof, Raj was murdered by the appellant. F. The prosecotion examined several witnesses including Maya Devi (PW."3), Birma {PW.4) and Omkar Singh (PW.8). The statement of the accused-appellant was recorded under H 1174 SUPREME COURT REPORTS [2013] 5 S.C.R. A Section 313 of Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.') After the conclusion of the trial, the learned Sessions Judge, Bhiwani, convicted and sentenced the appellant, as has been referred to hereinabove. Hence, this appeal.B

3. Shri Neeraj Kumar Jain, learned senior counsel appearing for the appellant has submitted, that the investigation in the instant case, was tainted. The statement under Section 161 Cr.P.C. had been recorded after several months of the C incident. Raj, deceased was a woman who had gotten separated from her husband for the reason that she had been a woman of easy virtue, and had also been living separately from her mother and sister. The specific case of Maya Devi (PW.3), mother of deceased was, that she had gone alongwith D her daughter to irrigate the fields, though in her cross-examination she has admitted that the agricultural land had been given to one Khazan, upon sharing of the agricultural produce (Batai). Birma (PW.4), the sister of the deceased has deposed that they did not cultivate the land themselves. E The Trial Court did not believe the version of events as provided by Maya Devi (PW.3) and Birma (PW.4), but treated the case as one of circumstantial evidence. The entire case of the prosecution is improbable. Thus, the appeal deserves to be allowed. F

4. On the contrary, Shri Manjit Singh, AAG, appearing for the State of Haryana, has opposed the appeal contending that the courts below have recorded concurrent findings of fact. The defence had not put any question in the cross-examination G either to Maya Devi (PW.3) or Birma (PW.4), regarding the non-payment of the sum of Rs.47,000/- as consideration for the sale of a buffalo by the deceased Raj to Karan Singh, appellant, despite the fact that there was ample evidence on record to show that there had been an altercation regarding the non-H KARAN SINGH v. STATE OF HARYANA 1175 [DR. B.S. CHAUHAN, J.] payment of the said amount on 3.1.2005, between the A deceased and the appellant. The appellant had threatened to kill her. Moreover, this statement stood corroborated by the deposition of Omkar Singh (PW.8). In the event that there had been some impropriety in the course of the investigation, the same had been only at the behest of the appellant and that too, B entirely in his favour and certainly not in the favour of the prosecution. The appellant has made a disclosure statement about concealing t.he rope that had been used in the crime, but the Investigating Officer has not made any effort to recover the same. Thus, the 1lppeal is liable to be rejected. c 5. We have considered the rival submissions made by learned counsel for the parties and perused the record.

6. Consistent versions have been provided by the material witnes~es regarding the non-payment of the sum of Rs.47,000/ D - as sale consideration for the sale of a buffalo, by the appellant. This version of events also fully stands established by the evidence proviC:led by Maya Devi (PW.3) and Birma (PW.4). In his statement under Section 313 Cr.P.C., the defence did not.ask anyquestion to test the veracity of the said statement, E either to Maya Devi (PW.3) or to Birma (PW.4). Mere denial stating that the same is incorrect by the appellant, is not sufficient and there is no reason to disbelieve the said portion of the case of the prosecution. It also stands established from the material on record, that there had been an altercation F between the appellant and the deceased 2-3 days before th.e incident, and the appellant had threatened the deceased with dire consequences. Such version of events stands further fortified, by the evidence of Omkar Singh (PW.8). 7. Omkar Singh (PW.8) is an independent witness who G has deposed that on the fateful day, he had gone to bring some vegetables from a shop. The accused-appellant had then come there from the side of the Harijan Basti, asking where Raj (prostitute) had gone, and had stated that he would kill her H 1176 SUPREME COURT REPORTS [20131 s ·s.c.R. A within 2-3 days. The accused-appellant had been having illicit relations with the deceased, and at the said time, the accused had been under the influence of alcohol.

8. None of these witnesses have been properly cross-B examined by the defence. Both the courts though have expressed their anguish regarding the manner in which the investigation was conducted, they have convicted the appellant for the offence punishable under Section 302 IPC, and have awarded appropriate sentences. A large number of other C theories were introduced by the defence stating that the deceased had been a woman of easy virtue, and that it was for this reason that her husband had divorced her, she had settled in the village and had been iiving in a separate house, away from her mother's house, and that even here, she had D been having illicit relationships with a large number of persons, etc. In relation to the same, a Panchayat was also conducted, and Maya Devi (PW.3) etc. had been humiliated. Be that as it may, this kind of theory could not adversely affect the case of the prosecution.

E . 9. So far as the issue of cultivating the said land is concerned, the defence had not asked PWs.3 and 4 to furnish any further details regarding the cultivation of the land, in relation to the terms and conditions of the Batai, and also regarding who's duty it was to irrigate the land, and what the source and F means of irrigation were, as they have claimed to be in the agriculture fields at mid night for purpose of irrigating the same. Their presence cannot be doubted, as it is usual for every agriculturist to carry out the task of irrigation, whenever his/her turn for irrigation arises. G 10. As the defence has not put any further question in the course of the cross-examination of Maya Devi (PW.3) and Birma (PW.4) in this regard, we are not in a position to grant the benefit of any of these issues to the appellant. The theory of political rivalry between certain persons and the appellant, H KARAN SINGH v. STATE OF HARYANA 1177 [DR. B.S. CHAUHAN, J.] at whose behest Maya Devi (PW.3) and Birma (PW.4) had A levelled the allegation of such a heinous crime, do not inspire confidence. The same are thus liable to be rejected.

11. There is adequate evidence on record to show that Rajesh Kumar, SI (PW.9), who had conducted the investigation 8 at its initial stage, had not acted in accordance with law and had favoured the appellant. It was for this reason that the police authorities upon a complaint made, changed the Investigating Officer, who then conducted the investigation properly.

12. The investigation into a criminal offence must be free C from any objectionable features or infirmities which may give , rise to an apprehension in the mind of the complainant or the accused, that investigation was not fair and may have been carried out with some ulterior motive. The Investigating Officer must not indulge in any kind of mischief, or cause harassment D either to the complainant or to the accused. His conduct must be entirely impartial and must dispel any suspicion regarding the genuineness of the investigation. The Investigating Officer, "is not merely present to strengthen the case of the prosecution with evidence that will enable the court to record a conviction, E but to bring out the real unvarnished version of the truth." Ethical conduct on the part of the investigating agency is absolutely essential, and there must be no scope for any allegation of mala fides or bias. Words like 'personal liberty' contained in Article 21 of the Constitution of India provide for the widest amplitude, F covering all kinds of rights particularly, the right to personal liberty of the citizens of India, and a person cannot be deprived of the same without following the procedure prescribed by law. In this way, the investigating agencies are the guardians of the liberty of innocent citizens. Therefore, a duty is cast upon the Investigating Officer to ensure that an innocent person should G not suffer from unnecessarily harassment of false implication, however, at the same time, an accused person must not be , given undueJ~verage. An investigation cannot be interfered with or influenced even by the courts. Therefore, the investigating H

1178 SUPREME COURT REPORTS [2013] 5 S.C.R. A agency must avoid entirely any kind of extraneous influence, and investigation must be carried out with equal alacrity and fairness irrespective of the status of the accused or the complainant, as a tainted investigation definitely leads to the miscarriage of criminal justice, and thus deprives a man of his fundamental B rights guaranteed under Article 21 of the Constitution. Thus, every investigation must be judicious, fair, transparent and expeditious to ensure compliance with the rules of law, as is required under Articles 19, 20 and 21 of the Constitution. (Vide: Babubhai v. State of Gujarat & Ors., (2010) 12 SCC 254). c 13. In Ram Bihari Yadav v. State of Bihar & Ors., AIR 1998 SC 1850, this Court observed, that if primacy is given to a designed or negligent investigation, or to the omissions or lapses created as a result of a faulty investigation, the faith and confidence of the people would be shaken not only in the law D enforcing agency, but also in the administration of justice. A similar view has been re-iterated by this Court in Amar Singh v. Ba/winder Singh & Ors., AIR 2003 SC 1164. E Furthermore, in Ram Bali v. State of Uttar Pradesh, AIR 2004 SC 2329, it was held by this Court that the court must ensure that the defective investigation purposely carried out by the Investigating Officer, does not affect the credibility of the version of events given by the prosecution.

F 14. Omissions made on the part of the Investigating Officer, where the prosecution succeeds in proving its case beyond any reasonable doubt by way of adducing evidence, particularly that of eye-witnesses and other witnesses, would not be fatal to the case of the prosecution, for the reason that every discrepancy G present in the investigation does not weigh upon the court to the extent that it necessarily results in the acquittal of accused, unless it is proved that the investigation was held in such manner that it is dubbed as "a dishonest or guided investigation", which will exonerate the accused. (See: Sonali H KARAN SINGH v. STATE OF HARYANA 1179 [DR. B.S. CHAUHAN, J.] Mukherjee v. Union of India, (2010) 15 SCC 25; Mohd. Im ran A Khan v. State Government (NCT of Delhi), (2011) 10 SCC 192; Sheo Shankar Singh v. State of Jharkhand & Anr., AIR 2011 SC 1403; Gajoo v. State of Uttarakhand, (2012) 9 SCC 532; Shyama/ Ghosh v. State of West Bengal, AIR 2012 SC 3539; and Hirata/ Pandey & Ors. v. State of U.P., AIR 2012 B SC 2541). Thus, unless lapses made on the part of Investigating authorities are such, so as to cast a reasonable doubt on the case of the prosecution, or seriously prejudice the defence of the accused, the court would not set aside the conviction of the C accused merely on the ground of tainted investigation.

15. This Court in Dayal Singh & Ors. v. State of Uttaranchal, (2012) 8 sec 263, has laid down certain norms for taking stern action against an Investigating Officer, guilty of o dereliction of duty or misconduct in conducting investigation, and held -that the State is bound to initiate disciplinary proceedings against such officers even ignoring the law of limitation, and even if such officer has retired. 16. In the instant case, the Trial Court and the High Court E have elaborately examined the grievances raised by the complainant regarding the tainted investigation carried on by the first Investigating Officer, Shri Rajesh Kumar, and the High Court has commented on the same as under: F "It is well established on record that SI Rajesh Kumar had not conducted the investigation properly and he was favourably inclined to the appellant and therefore, spoiled the case. Detailed reasons have been recorded by learned trial court in paragraph 19 of its judgment manifesting that G the appellant had influence over the police. We agree with the said reasoning of the trial court which is also apparent from the contentions advanced by learned State counsel, as noticed hereinabove. There were marks of dragging the deceased as mentioned in the inquest report, but still SI H 1180 SUPREME COURT REPORTS (2013] 5 S.C.R.

A Rajesh Kumar did not depict the said marks in the rough site plan Ex.P-25 prepared by him. He also did not avail of the services of dog squad or crime team of the Forensic Science Laboratory. Shutter of shop, where the deceased used to reside, had also been broken, but the Investigating-Officer did not care to get the same photographed norB mentioned the same anywhere in the investigation proceedings. Therefore, the complainant cannot be made to suffer for the lapse of the Investigating Officer ....... The complainant is a widow having seven daughters and only c one son, who is also simpleton. The deceased was also a divorcee and was living alone in the house (shop) in the fields in her parental village ....... The complainant Maya Devi, who is mother of the deceased, is a widow and illiterate rustic villager, whereas the deceased was divorcee. On the other hand, the appellant is an influentialD person and was Sarpanch at the time of occurrence. The complainant named the appellant and his co-accused Kalia in the FIR itself. However, distorted version was recorded in the FIR and when the complainant party received copy of FIR on 26.1.2005 (as stated by Birma E Devi PW.4), they learnt of the same and then they approached the Superintendent of Police (SP), who also did not take any action because the appellant, along with Member Legislative Assembly, had met the SP.

Thereafter, with change of SP, the complainant party again F approached the new SP and it was only thereafter that on 18.2.2005, correct statements of Maya Devi and Birma Devi were recorded. The appellant was so much influential that even thereafter, he was not arrested for more than four months and in fact, SI Rajesh Kumar did not arrest him and G the next Investigating Officer ASI Raghbir Singh arrested the appellant on 24.6.2005. The appellant had been named in the FIR on 7.1.2005, but still SI Rajesh Kumar did not even join him in investigation and did not interrog~te him, what to talk of arresting him. The statements of Maya Devi H KARAN SINGH v. STATE OF HARYANA 1181 [DR. B.S. CHAUHAN, J.] and Birma Devi, therefore, cannot be discarded in view A of the manner in which SI Rajesh Kumar was conducting the investigation from the very beginning." 17. After considering the entire evidence on record, the High Court has concurred with the findings recorded by the Trial 8Court as under: (i} There is no reason for the false implication of the appellant, who being the Sarpanch of the village was an influential person. c ·(ii) Omkar Singh (PW.8) was an independent witness and there was no ground to disregard his testimony. (iii) Abadi was at some distance from the place of occurrence. Therefore, the hue and cry raised by Raj-deceased, and subsequently by Maya Devi (PW.3), could D not have attracted the attention of any person.

(iv) No attempt was made by the defence to falsify the allegation of the non payment of the sum of Rs.47,000/-, as consideration for the sale of a buffalo by the deceased E to the appellant. 18. In view of the above, we do not find any force in the appeal, which lacks merit and is accordingly, dismissed. 19. Before parting with the case, we feel it necessary to F bring the matter to the notice of the administration of the State of Haryana that in spite of the fact that certain serious findings have been recorded by the Trial Court, as well as by the High Court regarding the unfair investigation conducted by Shri Rajesh Kumar, who was the SHO of the Police Station, Sadar G Dadri on 7.1.2005, but for the reasons best known to the administration, no action was taken against him. We have no words to express our anguish, and fail to understand under what circumstances the State authorities have adopted such an indifferent attitude where a helpless divorcee has been H 1182 SUPREME COURT REPORTS [2013] 5 S.C.R. A murdered, and her widowed mother has been crying and· running from pillar to post to secure justice, but the administration did not feel it necessary to wake up from its deep slumber. We request the learned Chief Secretary of the State of Haryana to examine the case, and proceed in accordance B with law. A copy of the judgment be sent by the registry directly to the Chief Secretary, Haryana. K.K.T. Appeal dismissed.