SC cautions courts on investigating agencies

Sunday, August 12, 2012: Courts should be cautious to ensure that deliberate attempts of investigating agencies to facilitate escape of the accused is thwarted by relying on other evidence, the Supreme Court has said.

Upholding the life sentence of four persons in a murder case, a bench of Justices Swatanter Kumar and Ibrahim Kalifulla also initiated contempt proceedings against the DG, health services of UP/Uttarakhand, for failing to initiate action against one Dr C N Tewari who deliberately fudged a postmortem report to save accused.

The apex court also directed the DGP UP/Uttarakhand to take appropriate action in accordance with the service rules against SI Kartar Singh, irrespective of the fact whether he is in service or has since retired, in the case relating to 1985.



“Where the prosecution attempts to misdirect the trial on the basis of a perfunctory or designedly defective investigation, there the court is to be deeply cautious and ensure that despite such an attempt, the determinative process is not sub-served.

“For truly attaining this object of a ‘fair trial’, the court should leave no stone unturned to do justice and protect the interest of the society as well,” Justice Swatanter Kumar writing the judgement said.

The apex court dismissed the appeal filed by Dayal Singh and other accused challenging the life term imposed on them for the murder of one Pyara Singh on December 8, 1985 in the then undivided Uttar Pradesh’s Udham Singh Nagar district. The bench expressed surprised as to how the SI and the doctor who performed the post mortem did not give any specific finding for the death of Singh despite being beaten to death in front of eyewitnesses.

Though the investigating agency failed to produce sufficient material to ensure their conviction, the trial court convicted the accused on the basis of eyewitness. The high court had affirmed it.