LexDAYAL SINGH & ORS. versus STATE OF UTTARANCHAL
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[2012] 10 S.C.R. 157 DAYAL SINGH & ORS. v. STATE OF UTTARANCHAL (Criminal Appeal No. 529 of 2010) AUGUST 3, 2012 [SWATANTER KUMAR AND FAKKIR MOHAMED IBRAHIM KALIFULLA, JJ.] A B Cnminal Trial - Defective/imprope·r investigation - Dereliction of duty and acts of omission - By PW6, the C Investigating officer (SI) and PW3, the government medical officer, who prepared the post mortem report - Held: In the case at hand where one person had died allegedly due to sustained lathi blows, the report prepared by PW3 was a deliberate attempt to disguise the investigation - PW3 created D a serious doubt as to the very cause of death of the deceased - If PW3 was not able to record a finding with regard to the cause of death, he was expected to record some reason in support thereof, particularly when it was not a case of death by administering poison - PW3 not only breached the E requirement of adherence to professional standards but also became instrumental in preparing a document which, ex facie, was incorrect and stood falsified by the unimpeachable evidence of eye witnesses placed by the prosecution on record - PW3's report was also in conflict with the statement F of PW6 and the inquest report prepared by him - Similarly, PW6 also failed in performing his duty in accordance with law - Firstly, for not recording the reasons given by PW3 for non- · mentioning of injuries on the post mortem report, which had appeared satisfactory to him - Secondly, for not sending to G the FSL the viscera and other samples collected from the body of the deceased by PW3 who allegedly handed over the same to the police, and their disappearance - There was clear callousness and irresponsibility on the part of PWs 3 and 6 157 H 158 SUPREME COURT REPORTS [2012] 10 S.C.R. A - The lapses on their part were a deliberate attempt to prepare reports and documents in a designedly defective manner to misdirect the investigation to favour the accused - Directions issued to authorities concerned to take disciplinary or other action against PW3 and PW6, irrespective of the fact whether B they were in service or had since retired - Penal Code, 1860 - s.302 rlw s.34 and s.323 rlw s.34. Criminal Trial - Defective/improper investigation - Effect of - Held: Merely because in the murder trial in issue, the Investigating Officer (PW3) and the Government Medical C Officer (PW6) failed to perform their duties in accordance with the requirements of law, and there was some defect in the investigation, it will not be to the benefit of the accused- appel/ants to the extent that they would be entitled to an order of acquittal on this ground - Despite acts of default/omission D on the part of PWs 3 and 6, the prosecution proved its case beyond reasonable doubt - The lower courts rightly ignored the deliberate lapses of PWs 3 and 6 - The consistent statement of the eye-witnesses which were fully supported and corroborated by other witnesses, and the investigation of the E crime, including recovery of lathis, inquest report, recovery of the pagri of one of the accused from the place of occurrence, immediate lodging of FIR and the deceased succumbing to his injuries within a very short time, established the case of F the prosecution beyond reasonable doubt. Criminal Trial - Investigation - Professional standards - Held: Police officers and doctors, by their profession, are required to maintain duty decorum of high standards. Criminal Trial - Fair trial - Duty of the Court - Held: The G Courts do not merely discharge the function to ensure that no innocent man is punished, but also that a guilty man does not escape - Both are public duties of the judge - During the course of the trial, the Presiding Judge is expected to work objectively and in a correct perspective - Where the H DAYAL SINGH & ORS. v. STATE OF UTTARANCHAL 159 prosecution attempts to misdirect the trial on the basis of a A perfunctory or designedly defective investigation, the Court is to be deeply cautious and ensure that despite such an attempt, the determinative process is not sub-served. Penal Code, 1860 - s. 302 rlw s. 34 - Four persons armed with lath is went to the fields of the deceased - They first hurled 8 abuses at him and without any provocation started assaulting him with the lathis they were carrying - Despite efforts to stop them by the wife and son of the deceased, they did not stop and assaulted them also - T
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