Surendra Singh (In Jail) vs State of U.P.

P.K. Jain, J.—Heard Sri V. C. Tewari, learned senior counsel appearing for the applicant and the learned Additional Government Advocate.

The incident is said to have occurred around 6.15 a.m. and the first information report is said to have been lodged at 7.40 a.m. The prosecution case is that the applicant was identified at the scene of occurrence and soon after the applicant caused firearm injuries to the victim, the victim was taken by the first informant and the witnesses to Yasoda hospital in an attempt to save his life but the victim succumbed to his injuries.

Submission of Sri Tewari is that the applicant had no motive as he had already won the election ; the first information report appears to be ante-timed and from the injuries found on the person of the deceased, it appears that the death would have been instantaneous and the theory of taking the victim to the hospital has been introduced to gain time. His submission is that it appears that the occurrence took place some time in dark hours early in the morning and nobody saw the incident. Learned Counsel for the applicant has drawn the attention of the Court towards the interpolations in the inquest report ; the name of the applicant being not disclosed in the inquest report as well as towards wireless message said to have been sent to Higher authorities.

Learned A.G.A., however, submits that there is prompt report, the dead body was found in the Yasoda hospital where inquest was held and the interpolation does not appear to have been done by the Investigating Officer. He also submits that the absence of the name of the applicant in the inquest report and wireless message are not sufficient circumstances to show that the report was ante-timed.

Perusal of inquest report and challan nash shows that the time of inquest is shown to be between 12 a.m. to 12.45 a.m. There is interpolation of figure 2 in timing of 12 a.m. and 12.45 a.m. It appears that originally the figures were 10 a.m. and 10.45 a.m. The interpolation appears to have been made at some subsequent stage either after submission of the charge-sheet or during the investigation. It may be seen that on the back of challan nash, the time of receipt of the dead body and papers sent at the Police Headquarter is shown to be 12.30 hours vide G.D. entry No. 32. The distance of the Police Headquarter is stated to be 18 kms. If the inquest was completed at 12.45 hours, the dead body could not have reached the Police Headquarter at 12.30 hours. Moreover, the time of completing the inquest would not have been 12.45 a.m. It ought to have been 12.45 p.m. This clearly shows that the interpolation have been made in police papers some time after the dead body was received and dispatched from the Police Headquarter vide G. D. entry No. 32. The prosecution was not gaining any advantage from the interpolations. Therefore, interpolations have been made by some other interested persons. It will also be pertinent to observe that the interpolations in figures ''2'' which appear to have been made by some other person. Figure ''2'' has been used in the inquest report and the challan nash at other place also. This is where section of the offence (302) and the number of one of the constables (275) is mentioned in the inquest report and the challan nash. Comparison of figure ''2'' at these places shows difference from figure 2 in the inquest in 12 a.m. and 12.45 a.m.

No doubt, the name of the applicant is not stated in the inquest report. The Hon''ble Supreme Court in Rang Bahadur Singh and Others Vs. State of U.P., , has observed in para 14 of the judgment as follows:

The second aspect is that names of the Appellants did not figure in any of the papers prepared by the Investigating Officer on August 2, 1978. The argument was attempted to be made in defence of such non-inclusion of the Appellants on the premise that no such document required mention the names of the accused. We find it difficult to believe that even the general diary need not contain the names of the culprits whose identity was known by them. It is equally difficult to comprehend that the inquest prepared on the morning of August 2, 1978, should be totally silent about the names of at least the known culprits. Is it not more reasonable to presume that no names were mentioned in all the investigative records made on August 2, 1978, because the Investigating Officers had not come to know of the names of any of the dacoits till then.

From the above observation of the Hon''ble Supreme Court, it would appear that the names of the nominated accused persons were not mentioned in the G.D. entry which is prepared soon after lodging of the F.I.R. as also in the inquest report prepared by the Investigating Officer. The observation of the Hon''ble Supreme Court further shows that in other police papers also prepared on August 2, 1978, the names of the nominated accused persons did not figure anywhere. It was in these circumstances that the Hon''ble Supreme Court has observed that it would be reasonable to presume that no names were mentioned in all the investigative records made on August 2, 1978, because the Investigating Officers had not come to know of the names of any of the dacoits till then. In the instant case, on the basis of inquest report or on the basis of challan nash alone, it cannot be held at this stage that the name of the applicant in these documents was not mentioned as the name was not known till preparation of these documents.

The submission of Sri Tewari that the death would have been instantaneous and the theory of taking the victim to Yasoda hospital was introduced to gain time cannot be accepted at this stage. How one behaves and reacts in particular circumstances, it is a question of fact. The first informant is not a medical expert and his conduct in rushing to the hospital along with the victim is rather natural as he might have rushed to the hospital in anxiety to save the life of the victim. The Investigating Officer has found the dead body in the hospital.

Having considered the arguments advanced by the learned Counsel for the parties, I am of the view that no case for bail is made out. The bail application is rejected.

As observed above, the interpolations in the inquest report and challan nash have been made after the documents were delivered at the police lines Gautam Budh Nagar, that is, Police Headquarter. Since the interpolations have been made in an attempt to help the accused in a heinous crime, it is expedient to direct the Sessions Judge, Ghaziabad, to hold an enquiry to find out as to who was responsible for such interpolations. It is, therefore, directed that the Sessions Judge, Ghaziabad, shall himself hold enquiry as observed above and shall conclude the same within 30 days from the date of receipt a copy of this order.

The matter be listed on September 8, 2000, for further orders.

The original case diary along with the original papers shall be sent by the office immediately along with a copy of this order to Sessions Judge, Ghaziabad, in a sealed cover for compliance of the order and report before date fixed.