2019 Supreme(All) 1517

IN THE HIGH COURT OF ALLAHABAD
Sudhir Agarwal, Ram Krishna Gautam, JJ.
Dinesh @ Shiv Narain Lodh – Appellant
Versus
State – Respondent
Jail Appeal No. 2749 of 2008
Decided On : 09-04-2019

Headnote:

Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 – Section 3(2)(v) – Code of Criminal Procedure, 1973 – Section 374(2) and 383 – Committing murder of informant's son Arun did hide dead body within bush with a view to eloth the evidence and thereby committed offence under Section 201 of IPC within cognizance of above Court – Appeal against conviction – Challenged – Held, Investigating Officer, Deputy Superintendent of Police, PW-7 was not careful to have visit place of occurrence and place of alleged recovery or to get alleged weapon of offence as well as cloths worn by accused having blood stained over it get Serologically examined by Forensic Science Laboratory for establishing the fact that alleged blood stain were of human blood or to investigate about time, place and date of arrest of accused or his extra judicial confession or disclosure of fact of hiding of weapon of offence followed by recovery of weapon of offence – All these investigation was said to be made by Sub-Inspector, Investigating Officer of Police Station and he too was not examined during trial – His testimony was secondarily proved by prosecution – This appears to be slur against State in such a heinous offence of murder of a person of Scheduled Caste Community for which above special Act was legislated by Parliament –The impugned judgment and order set aside – Accused-appellant is acquitted from the charges levelled against him under Sections 302/201 IPC and 3(2)(v) SC/ST Act – Keeping in view provisions of Section 437-A Cr.P.C. appellant is directed to forthwith furnish a personal bond of the sum of Rupees Fifty thousand and two reliable sureties each in the like amount before Trial Court, which shall be effective for a period of six months, alongwith an undertaking that in the event of filing of Special Leave Petition against the instant judgment or for grant of leave, the appellant on receipt of notice thereof shall appear before Hon'ble Supreme Court – Appeal succeeds and is allowed. (Para 47, 48, 49 and 53)

Facts of the case:

This appeal under Section 374(2) of Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.) has been presented by convict appellant Dinesh @ Shiv Narain Lodh through Senior Superintendent, Central Jail, Naini, Allahabad under Section 383 of Cr.P.C. against judgment and order of conviction and sentence dated 06.02.2008 passed by Sri Mahesh Chandra Sharma, Additional Sessions Judge/Special Judge, Scheduled Caste and Tribe (Prevention of Atrocities) Act, Fatehpur passed in Special Sessions Trial No. 44 of 2004, State of U.P. vs. Dinesh @ Shiv Narain Lodh, arising out of Case Crime No. 80/04 under Section 302/201 of Indian Penal Code, 1860 (hereinafter termed as IPC) read with Section 3(2)(v) of the Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 (hereinafter termed as SC/ST Act) Police Station Kalyanpur, District Fatehpur, whereby appellant Dinesh @ Shiv Narain Lodh has been convicted and sentenced with life imprisonment and fine of Rs. 2,000/- and in default two years' additional imprisonment for an offence punishable under Section 302 of IPC; three years' rigorous imprisonment with fine of Rs. 1,000/- and in default six months' additional imprisonment under Section 201 of IPC and life imprisonment with a fine of Rs. 2,000/- for offence punishable under Section 3(2)(v) of SC/ST Act and in default two years' additional imprisonment with a direction for concurrent running of sentences.

Findings of the case:

Investigating Officer, Deputy Superintendent of Police, PW-7 was not careful to have visit place of occurrence and place of alleged recovery or to get alleged weapon of offence as well as cloths worn by accused having blood stained over it get Serologically examined by Forensic Science Laboratory for establishing the fact that alleged blood stain were of human blood or to investigate about time, place and date of arrest of accused or his extra judicial confession or disclosure of fact of hiding of weapon of offence followed by recovery of weapon of offence – All these investigation was said to be made by Sub-Inspector, Investigating Officer of Police Station and he too was not examined during trial – His testimony was secondarily proved by prosecution – This appears to be slur against State in such a heinous offence of murder of a person of Scheduled Caste Community for which above special Act was legislated by Parliament –The impugned judgment and order set aside – Accused-appellant is acquitted from the charges levelled against him under Sections 302/201 IPC and 3(2)(v) SC/ST Act – Keeping in view provisions of Section 437-A Cr.P.C. appellant is directed to forthwith furnish a personal bond of the sum of Rupees Fifty thousand and two reliable sureties each in the like amount before Trial Court, which shall be effective for a period of six months, alongwith an undertaking that in the event of filing of Special Leave Petition against the instant judgment or for grant of leave, the appellant on receipt of notice thereof shall appear before Hon'ble Supreme Court.

Result: Appeal succeeds and is allowed