Madurai: A case related to killing of three hens in Virudhunagar district has landed an Inspector in trouble with the High Court directing him to explain how he recorded the statement of a deceased person and added it in the charge-sheet.
Justice M M Sundaresh also stayed the trial proceeding of the case, pending in the Judicial Magistrate I court in Virudhunagar.
Hearing a petition filed by one D S Bright Singh, the Judge said the Investigating Officer has to give an explanation about the charge-sheet filed by him.
The petitioner said his neighbour’s servant, Guruvammal, killed his three hens by feeding them “Orango Phosphorous” on Aug 24, 2011. She, later, scolded his wife and mother-in-law.
The IO had sent the hens for chemical examination after 62 days deliberately, he submitted.
This led to differences in the post-mortem reports. The IO filed the case under IPC Sec 294(b) (scolding in filthy languages) and 428 (killing an animal of low value, Rs 10).
When the faults in the FIR was taken up with Judicial Magistrate, the JM ordered a further probe and the Sec 428 was modified to 429 (killing animal of higher value).
However, he was shocked to read the charge-sheet, where the statement of the mother-in-law under CrPC section 164 had been stated to be recorded on Jan 2, 2013.
The petitioner submitted that his mother-in-law who was staying with him when the incident took place had died on September 6, 2012 itself. Therefore, the trial before the JM-I court will not yield any fruitful result.
The inordinate delay caused by the Inspector showed that it was pre-planned and he was helping the accused, the petitioner said, and sought a stay of the trial.
The petitioner also sought the transfer of the probe to the CB-CID.