Non action on the part of the Investigation Officer reflects upon the nature
and manner of the investigation. No attempt at all is made to investigate
through the injured accused positively said that they were assaulted by the
The genesis and origin of the occurence would have been known ,it there would
have been investigation regarding the injuries sustained by the accused. The
investigating Officer deliberately made no errors to know the genesis and origin
of the occurrence. The investigating is far from fair and honesty. The
has to work up a theory on the clues available but if he finds that there is
material which shakes that theory, he must not be adamant to present a ore
conceived theory before the Court. The investigating Officer must keep his mind
open to collect and verify the facts in a straightforward manner. The manner of
investigation in this case leaves much to be desired.
Where accused husband and inlaws are alleged to have Murdered wife for demand of
dowry but absence of any proof of dowry demand and last seen theory and negative
report of forensic laboratory accused cannot be held guilty.