DAYA SHANKAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) While deciding Criminal Appeal No. 2672 of 1981 and 2830 of 1981 on 27-9-1996 we found that the site plan was not prepared on scale, thereby leaving room to the defence to canvass that the fire-arm injuries, found on the body of the deceased, could not be caused from the place, from where, the accused had allegedly fired. In our opinion it is ripe time when the investigation should be made in a scientific manner. The importance of scientific investigation in solving crimes, specially where no eye-witnesses are available and also for testing the statements of witnesses, where they are available, is assuming increasing significance. It has become necessary for the State to take immediate steps for more scientific investigations and reliable medico legal examinations of the injuries-ante or post-mortem and to maintain accurate records.

(2.) Despite repeated opportunities being given neither the then Additional Advocate General Sri P. P. Srivastava nor the then Director General of Police, who was served with notice nor the learned counsel for the accused has come forward with suggestions for making improvement in investigation, which at present, in our opinion has become ineffective if not out-dated.

(3.) The apathy shown by the police department indicates lack of interest, unmindful of fact, that with advent of time it may not produce truthful witnesses to support the prosecution case - may be due to fact of deteriorating law and order situation and diminishing morals of the society.