register FIR against investigating officer for creating false evidence
Convictions Set Aside
The Madhya Pradesh High Court has acquitted eight persons in a murder case.
The Court passed the order 14 years after their conviction.
The Bench found that the prosecution case relied on fabricated evidence produced by the investigating officer.
One convict died during the pendency of the appeal.
Two others had already completed their life sentences and came out of jail.
FIR Against Investigating Officer Ordered
A Division Bench of Justice Vivek Agarwal and Justice Avanindra directed the Director General of Police to register an FIR against the investigating officer, Shri Rizvi, Dy. S.P.
The Court found no eyewitness account in the case.
It also held that the chain of circumstances remained incomplete.
Further, the Bench observed that the evidence appeared planted and forged.
The Court said the investigating officer’s conduct showed serious lapses.
It also observed that police cannot act in a partisan manner or play with the innocence of accused persons.
Death Of Fruit Vendor
The case arose from the death of Ajay Rai.
He worked as a fruit cart vendor.
According to the prosecution, Rajkumar Patel and Arti Patel took Ajay Rai from his shop on October 31, 2009.
The prosecution alleged that they took him to the house of Mohan Patel.
There, a group of accused persons allegedly assaulted him.
The prosecution projected Mohan Patel as the main accused.
It also alleged that Rajkumar Patel played a key role in luring Ajay Rai.
Allegations Against Other Accused
The prosecution alleged that Kalyan Patel and Ramji Patel participated in the crime.
It also linked them to the recovery of Ajay Rai’s belongings.
These belongings included a motorcycle, purse and bracelet.
The prosecution further alleged that Santosh Ahriwar, Monu Uike, Madhu Yadav, Manish Yadav and Nitesh Vanshankar formed part of an unlawful assembly.
It claimed that they joined in beating Ajay Rai.
However, the prosecution did not attribute any specific individual act to them.
Trial Court Had Convicted The Accused
The accused filed appeals against the conviction and sentence passed by the First Additional Judge.
The trial court had convicted them under Sections 120B, 147, 364, 302 and 149 of the Indian Penal Code.
These provisions relate to criminal conspiracy, rioting, kidnapping, murder and unlawful assembly.
The trial court sentenced them to life imprisonment.
It also awarded rigorous imprisonment for two years.
Developments During Appeal
During the appeal, the High Court received information that appellant No. 1, Babu, had died in 2025.
The Court also noted that appellant No. 6, Kalyan Patel, and appellant No. 7, Ramji Patel, no longer remained parties.
They had completed their sentences.
Investigation Found Defective
The High Court noted serious defects in the investigation.
It particularly examined the role of investigating officer Rizvi.
The Court found discrepancies in the handling of evidence.
It also found forged documents and manipulated testimonies.
The Bench held that the prosecution failed to complete the chain of circumstantial evidence.
It also found the witnesses unreliable.
Moreover, the Court held that key evidence had been forged.
Dying Declaration Doubted
The Bench also doubted the oral dying declaration allegedly made by Ajay Rai.
According to the prosecution, Ajay Rai had named the accused before his death.
However, the Court found that the alleged declaration did not appear in the Merg Information.
It also did not appear in the FIR.
Therefore, the Bench treated the claim with caution.
Clothing Recovery Found Fabricated
The Court also found fabrication in the recovery of Ajay Rai’s clothing.
Investigating officer Rizvi claimed that he recovered the clothing from Mohan Patel’s house.
However, the postmortem report recorded that Ajay Rai wore different clothes when his body was found.
The Bench said Rizvi became an interested party in the investigation.
It further held that he gave false testimony.
The Court also found that he prepared forged documents, including the seizure memo of Ajay Rai’s clothing.
DGP Directed To Examine Forged Material
The High Court directed the Director General of Police to examine the forged documents and testimonies produced by Rizvi.
This includes the seizure memo relating to Ajay Rai’s clothing.
The Court also directed registration of an FIR against Rizvi.
It said the FIR should concern creation of false evidence and criminal contempt of court.
According to the Bench, Rizvi fabricated evidence and produced it before the Court as genuine.
Release Ordered
The High Court set aside the convictions of all appellants.
It ordered their release, unless any other case required their custody.
