SURENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) P. K. Jain, J. Heard Sri V. C. Tewari, learned senior Counsel appearing for the applicant and the learned Additional Government Advocate.

(2.) THE incident is said to have oc curred around 6. 15 a. m. and the First In formation 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.

(3.) PERUSAL of inquest report and chal lan nash show that the time of inquest is shown to be between 12. 00 a. m. to 12. 45 a. m. There is interpolation of figure 2 in timing of 12. 00 a. m. and 12. 45 a. m. It ap pears that originally the figures were 10. 00 a. m. and 10. 45 a. m. The interpolation ap pears to have been made at some sub sequent 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 Head Quarter is shown to be 12. 30 hours vide G. D. entry No. 32. The distance of the Police Head Quarter is stated to be 18 kms. If the inquest was completed at 12. 45 hours, the dead body could not have reached the Police Head Quarter 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 clear ly shows that the interpolations have been made in police papers some time after the dead body was received and dispatched from the Police Head Quarter vide G. D. entry No. 32. The prosecution was not gaining any advantage from the interpola tions. 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 con stables (275) is mentioned in the inquest report and the challan nash. Comparison of figure '2' at these places shows dif ference from figure 2 in the inquest in 12. 00 a. m. and 12. 45a. m.