Shoddy Investigation : Patna High Court Acquits Accused in Murder Case

Court Criticizes Investigation Lapses and Issues Guidelines for Proper Police Procedures

News Report: In a significant judgment delivered by the Patna High Court, a division bench comprising Justice Bibek Chaudhuri and Dr. Anshuman acquitted Murari Raut of charges under Section 302 of the Indian Penal Code and Section 27 of the Arms Act, pertaining to the murder of Uday Narayan Singh. The acquittal was based on the prosecution's failure to conduct a proper investigation, highlighting critical lapses such as non-seizure of the alleged weapon of offence, lack of ballistic expert's opinion, and failure to examine vital evidence.

Murari Raut had been previously convicted by the trial court and sentenced to life imprisonment for murder and three years of rigorous imprisonment under the Arms Act. The appellate court, however, found the investigation to be perfunctory and practically nonexistent. The judgment pointed out that the police did not formally seize the gun allegedly handed over by the accused, nor was it sent for ballistic examination. Additionally, the pellets retrieved from the deceased's body were not examined or produced during the trial.

The court emphasized the importance of proper investigative procedures, stating that the defects in the investigation were fatal to the prosecution's case. It stressed that suspicion, however strong, cannot replace proof beyond reasonable doubt. As a result, the appellant was entitled to the benefit of doubt, leading to his acquittal.

Furthermore, the judgment outlined a Standard Operating Procedure (SOP) for police investigations, which includes the preparation of sketch maps, seizure and labeling of evidence, obtaining forensic and ballistic reports, and compliance with new laws such as Bharatiya Nyaya Sanhita, 2023. The court directed the Home Department and the Director General of Police, Bihar, to implement these guidelines and conduct training programs for police officers.

The acquittal and the court's guidelines are expected to have a significant impact on the conduct of police investigations in Bihar, aiming to improve the quality and reliability of criminal investigations.

Bottom Line:

Acquittal of accused due to failure of prosecution and investigating officer to follow proper investigative procedures, including the non-seizure of the alleged weapon of offence, lack of ballistic expert's opinion, and other critical lapses

Statutory provision(s): Indian Penal Code, 1860 Section 302, Arms Act, 1959 Section 27, Criminal Procedure Code, 1973 Section 102, Evidence Act, 1872 Section 27

Murari Raut v. State of Bihar, (Patna)(DB) : Law Finder Doc Id # 2780833