M. M. SUNDRESH, S. V. N. BHATTI
Shailesh Kumar – Appellant
Versus
State Of U. P. (Now State Of Uttarakhand) – Respondent
The decision of the case regarding the Criminal Procedure Code emphasizes the importance of conducting a fair and comprehensive investigation in accordance with legal provisions. It underscores that investigation is a process aimed at uncovering facts relevant to the case, and that the investigating officer has a duty to carry out this process objectively and properly, including maintaining accurate records such as the case diary (!) .
The court highlighted that the case diary must be meticulously maintained, with complete and truthful entries of proceedings, witness statements, and other pertinent details. Proper record-keeping is essential to ensure transparency and fairness throughout the investigation (!) (!) .
Additionally, the decision clarified that while police are responsible for maintaining the case diary, the accused does not have an automatic right to access or call for the diary unless it is used to refresh the police officer's memory or for purposes of contradiction during trial (!) (!) (!) (!) .
The ruling also reaffirmed that the registration of the First Information Report (FIR) must be done in the prescribed FIR register, and that entries made in the General Diary are supplementary and cannot substitute the mandatory FIR registration process (!) (!) .
Overall, the case underscores that strict adherence to procedural safeguards under the Criminal Procedure Code—such as proper investigation, accurate record-keeping, and timely FIR registration—is vital to ensuring justice. Any procedural lapses or irregularities can jeopardize the prosecution's case and may lead to acquittal or reversal of convictions (!) (!) (!) (!) (!) (!) (!) (!) (!) .
JUDGMENT :
M.M. Sundresh, J.
1. The appellant convicted by the Additional Sessions Judge/Special Judge, Anti-Corruption U.P (East) Dehradun in ST 166/1992 under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”) for life imprisonment, as confirmed by the Division Bench of the High Court of Uttarakhand at Nainital in Criminal Appeal No. 888 of 2001 seeks acquittal.
2. Heard learned counsel Mr. D.P Singh appearing for the appellant and the learned counsel Mr. Saurabh Trivedi appearing for the respondent. We have perused the entire records placed before us, and taken due note of the synopsis notes submitted.
BRIEF FACTS
3. The deceased, Gajendra Singh went to a picnic along with two friends, Suresh (PW-2) and Sunil Mandal (PW-3) at about 11 a.m. on the fateful day – 21.06.1992. On their return, they were intercepted by the appellant riding on a motorcycle. The appellant by uttering the words “Today I shall pay all your dues”, attacked the deceased Gajendra Singh with a knife inflicting two fatal blows on the chest and stomach respectively. The motive of the attack appears to be the failure of the appellant in completing the work for which the deceased gave a sum
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