National Human Right Commission
vide proceedings dated 31 August 2015, observed and directed as under:
“The Commission has carefully examined the judgment delivered by
Judicial Magistrate First Class on 19 July 2014. Shri Sanjay Kumar
Pandey had alleged in the FIR that he had gone with his staff to
village Karsop in connection with the investigation of Case Crime
No.144/2007 and when he entered the house of Rajendra Singh at
about 05.00 p.m., a boy ran out of the house and a country made
Chapter - 4
4.66 Upon consideration of the judgment and reports received, the Commission
Musket was recovered from him. The Magistrate rightly observed
that the investigation of Crime Case No.144/2007 was the basis,
reason and occasion in the case. He summoned the case diary of
crime No.144/2007 and on its perusal, it was found that Sanjay
Kumar Pandey was at Sambhuganj Bazar from 04.00 p.m. to 05.30
p.m., on 24 October 2007. He could not have been in village Karsop
on that day at 05.00 p.m. and, therefore, the story of recovery of
Musket was a fabricated one. The Magistrate also noted that the
Musket when produced in Court was in a dilapidated condition. Its
firing barrel was tied with rope. The striker and trigger was found
completely unfixed and tied with a string. The bolt for fixing the
striker to firing barrel was found absent. Thus, the Musket was not
in a working condition. The Magistrate also discussed the testimony
of Sergeant Major Umesh Kumar, who had examined the seized
firearm. He noted that the witness had not test fired the weapon and
had given opinion without disclosing the basis of its finding. He also
noted that the two independent witnesses of the alleged recovery of
firearm had refused to support the prosecution in the court. Both of
them stated that they had been called to the police station and their
signatures were obtained on the seizure memo at the police station.
With these observations, the Magistrate acquitted the accused.
Annual Report - 2015-2016
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