A.M. Sapre, CJ.
None for the petitioner.
Heard Ms. T. Khro, learned Govt. Advocate, Nagaland.
On 25.05.2006 this Court passed the following detail order while entertaining this taken up writ petition, in our extraordinary jurisdiction under Article 226/227 of the Constitution of India relating to PIL.
âThis writ petition has been taken on file on the strength of a letter addressed by one Mrs. Subra Nath, wife of Late Subrata Nath, in which it is, inter alia, alleged that on 5.6.1997 at about 11 AM her husband was brutally murdered by none other than his own brother at Dimapur, Nagaland. The accused surrendered himself to the Dimapur West Police Station. Thereafter, a charge sheet was filed against the accused by the police.
It is alleged that the investigation was lopsided one, which ultimately resulted in acquittal of the accused.
It is further alleged that even the trial court was not fair in conducting the trial as it had not taken into account the statement of the persons, who were present at the time of murder of her husband. Ultimately, the case has ended in acquittal.
In the representation, it is further alleged that she was threatened by the culprit not to prefer any appeal or initiate any steps whatsoever in the matter and accordingly she kept quite for a long time.
The story narrated by the applicant is somewhat pathetic. It also reflects the sorry state of affairs in the matter of investigation and trial of the case and as well as the judicial process.
Having regard to the peculiar facts and circumstances, this Court vide its order dated 27.4.2006 directed the Director General of Police, Nagaland to file proper affidavit in the matter. The Director General of Police, pursuant to the direction of this Court, filed a detailed affidavit, which appears to be very dispassionate.
In the affidavit filed by the Director General of Police, it is stated in clear and categorical terms that he had noticed âseveral lacunas are discernible regarding the investigation and trial of the case and in fact it appears that the investigation was not carried out professionally while the trial court did not conduct the proceeding according to law. Moreover, the judgment and order of acquittal also suffers from several infirmities which go to show that the Presiding Officer of the Trial Court did not understand the case and the relevant law.â
The Director General of Police in a very forthrightly points out the defects and shortcomings in the investigation. The Director General of Police has noticed the following shortcomings after verification of the records:
(a) In view of the allegation that the deceased assaulted the accused and his mother both the accused and his mother should have been medically examined.
(b) The fact that the deceased was drunk at the time of occurrence should have been verified through his medical examination.
(c) The medical officer who examined the deceased at the time of his death should have been examined to establish the nature of the injury and the cause of death as he was the eye witness to the death.
(d) The I.O. appears to have gone out of the way in stating that the injury on the accused was self inflicted when the injury was on the abdomen and fatal in nature and there was no apparent chance of self-infliction when the deceased is stated to have fallen on the ground.
(e) When the deceased died soon after the incident the charge should have been u/s 302 I.P.C. and as such it is not understandable as to how the charge sheet could have been submitted u/s 304 I.P.C.
It may not be necessary to notice the further averments made in the affidavit at this stage wherein the Director General of Police also points out the defects in the judgment and order. However, the fact remains that the State for whatever reason did not file any appeal against the judgment and order. If we go by what has been stated by the Director General of Police, an appeal ought to have been preferred by the State.
However, before we pass any further orders in the matter, we think it appropriate to peruse the relevant records available.
The learned Advocate General, Nagaland rightly suggests that it may be proper for this Court to scrutinize the records before any further decision is taken in the matter.
The learned Advocate General, Nagaland very fairly states that he is ready and willing to assist the Court so that the Court arrives at proper and just conclusion to do complete justice in the matter. The stand taken by the learned Advocate General is appreciated and the same is placed on record. Post this matter on 12.06.2006 and in the meanwhile, the relevant record is to be neatly typed and presented to the Court by the next date of hearing.â
It may be mentioned that charge sheet was filed by the State (prosecuting agency) against the accused in sessions case before Additional Deputy Commissioner in Case No. GR 448/97 (State of Nagaland vs. Debashish Nath). However, the accused was acquitted by the Sessions Court by judgment/order dated 14.01.2002.
It is with this background of the case, on the last date of hearing, learned Advocate General stated that State is intending to file appeal against the order dated 14.01.2002 which acquitted the accused of the charge of murder.
Learned counsel appearing for the State today submits that in the light of the statement made on the last date of hearing, the State of Nagaland has now filed a criminal appeal against the order dated 14.01.2002 passed by the Additional Deputy Commissioner (Judicial), Dimapur, in Case No. GR 448/97 (State of Nagaland vs. Debashish Nath) in the High Court being Filing Sl. No.73635 (Crl. Appeal) dated 25.01.2007. It is pending in this Court at Kohima Bench (Nagaland).
If that be so, then, in our opinion, there is no reason to keep this taken up writ petition pending as its purpose has since been achieved and therefore while closing this writ petition we direct that it shall be sincere endeavour on the part of the State Government to prosecute the appeal filed by the State properly and in accordance with law.
We also direct that in case if the complainant wishes to file an appeal against the judgment of acquittal alike what the State has done then she would also be at liberty to file an appeal by taking recourse to Section 372 proviso of the Cr.P.C. in the High Court.
A copy of this order be sent to the complainant at her address mentioned in her complaint by the Registry and one copy be also sent to the Member Secretary, Nagaland State Legal Services Authority, for providing legal assistance to the complainant in case she demand for such assistance. One copy be also kept in the record of Criminal Appeal filed by State.
No cost.