Tapsi Choudhary vs State of Jharkhand and Others

Having heard Counsel for the petitioner and Sr. Standing Counsel who was directed to appear on behalf of the respondent-State, we have noticed that initially a case was registered in regard to the death of the deceased, Mousami Choudhary under Sections 287, 337 and 338 of the I.P.C. relating to an accident in which Mausami Choudhary since deceased, was grievously injured and was admitted into the hospital. Subsequently, even though she had died, the Investigating Officer did not record the statement of the witnesses including the mother of the deceased and without recording their statement, the case which was earlier registered under Sections 287, 337 and 338 I.P.C. was converted into a case u/s 304A I.P.C. and not u/s 302 I.P.C. although the mother of the deceased had approached the Officer-in-charge and had sought to lodge an F.I.R. for registering a case u/s 302 I.P.C. on account of the death of her daughter, Mausami Choudhary.

The mother, Tapsi Choudhary had approached the Officer-in-charge, Bistupur P.S. for registering a First Information Report u/s 302 I.P.C. after the death of her daughter which was refused. The matter, however, could see the light of the day only when the hapless mother could approach .this Court by a letter-petition which was ordered to be registered as a writ petition and finally the shocking fact has come to the notice of this Court that prima facie although a case of death of a girl in mysterious circumstance came to the notice of the Officer-in-charge, he converted the case only u/s 304A I.P.C. and not u/s 302 I.P.C. indicating a grave lapse on the part of the Officer-in-charge, Bistupur P.S. who failed even to record the statement of the witnesses and registered it as a case u/s 304A I.P.C. ignoring the version of the mother of the deceased who had levelled serious allegation and alleged that her daughter had been killed in a mysterious circumstance and it was not a case of accident.

In our view, at least this version of the mother of the deceased ought to have been recorded by the Officer-in-charge, Bistupur P.S. but, it appears that the case was registered only as a of accident, as a consequence of which she was reported dead.

In view of the allegation levelled by the mother of the deceased, Tapsi Choudhary and in view of the fact that the charge-sheet against the alleged accused has not been submitted, we direct the Officer-in-charge, Bistupur P.S. to record the statement of the mother of the deceased after which this Court will be in a position to arrive at a conclusion whether the matter is to be handed over to a fresh Agency for investigation in view of the allegation of the mother or the present Investigating Officer can be permitted to continue.

The statement of the mother of the deceased shall be recorded in course of the day.

The matter be placed tomorrow again for further orders.