Meerut: A year after an FIR was lodged on court orders in the bizarre Lakhimpur Kheri malkhana case, where police claimed gold jewellery worth around Rs 1 crore was damaged by rain after being kept on a roof to dry and later scattered by monkeys, the claimant’s family is still waiting for compensation, even as police have filed a final report saying the two former head constables found responsible for the missing case-property bundle have since died.
Police Investigation and Final Report
Kheri SP Khyati Garg told TOI that the case was investigated after the FIR was registered on court directions. “The investigation established that the missing post-mortem property bundle disappeared during the tenure of two former head constables who were in charge of the malkhana at the time. Both officials have since passed away. As no criminal proceedings can be initiated against deceased persons, the case has been concluded in accordance with legal provisions and a final report has been submitted before the court,” Garg said.
Background of the Case
The case dates back to Diwali night in 2007, when Rani Agarwal alias Julie, wife of Mudit Agarwal of Kapurthala locality, died by suicide. During post-mortem examination, doctors removed gold ornaments from her body, including a nose pin, a gold chain with locket, a gold ring and 10 bangles. The ornaments were handed over to police and deposited in Sadar Kotwali malkhana as case property.
Following a complaint by the woman’s family, a dowry death case was registered against Mudit and other family members. They were arrested and sent to jail, but after a trial that lasted nearly 17 years, all accused were acquitted on Feb 28, 2024, due to lack of evidence. After the acquittal, Mudit moved court seeking release of the jewellery. In response, police submitted that malkhana bundles up to Sept 7, 2013, had been placed on the roof for drying, where rain allegedly damaged them and monkeys scattered the contents, resulting in the loss of the ornaments.
Court's Response and Directions
The court rejected the explanation as unbelievable, observing that gold ornaments could not be destroyed by rain and that valuable sealed case property kept in a sensitive place like a police malkhana could not be left unattended in the open. Then sessions judge Lakshmikant Shukla observed that prima facie it appeared the concerned police personnel had misappropriated the ornaments kept in sealed packets and later made false entries in official records to conceal their actions.
The court directed an inquiry, criminal proceedings against erring officials and compensation for the claimant. However, Mudit said he has not received compensation despite repeatedly approaching senior officials, including SP and DM, and filing applications under Right to Information Act while citing his deteriorating health. He is now preparing to move Allahabad high court seeking implementation of the order.
Legal Representation and Next Steps
Advocate Shailendra Singh Gaur, representing Mudit, said the jewellery recovered from the deceased was never produced before the trial court. He said the absence of case property delayed witness examination for nearly seven years, and the court had earlier expressed displeasure over the lapse while directing action against officials responsible for the missing record and property.
(With inputs from Asif Ansari)
