Special report case
Om Prakash Dhusia
(Querist) 01 January 2013
This query is : Resolved
This relates to abduction u/ 364 and murder u/s 302 IPC. There is something like Special Report cases or SR but I do not know under what CRPC this SR is governed. I have some queries:1) 364 IPC is a SR case or not? I mean report of the crime is required to be sent to Supdt of police and the area magistrate or not? 2) Does UP state has some special law on SR? 3) If no report of 364 IPC was sent as above would it be prejudice to the accused? 4) If no SR is sent for 302 IPC then what would be the effect?
Reagards
Kiran Kumar
(Expert) 06 January 2013
SR here means the quick information to be sent to the area magistrate and senior police officials about the commission of crime in the area.
such reports do not affect the trial and are not fatal to the process of law.
Raj Kumar Makkad
(Expert) 06 January 2013
1. Yes, it is required to be sent.
2. No.
3. No. This is a procedure and has nothing to do with the prejudice or anything or accused.
4. Concerned officials shall have to meet such major lacuena and a thorough enquiry shall have to be conducted but even then the accused cannot take benefit of such major lapse.
Om Prakash Dhusia
(Querist) 06 January 2013
No Mr. Kiran in that case every FIR is required to be sent to the area magistrate including the SP under section 157 Cr PC and if proven that it was sent belatedly with some mischievous motive then the entire Trial stands vitiated but in U.P murder is considered to be Special report case (and I do not know about 364 IPC) the concerned authorities are required to be sent that report hence I have used the word in U.P. because it is a peculiar state to which I belong and how can SR be Quick information report? Are you kidding or am I speaking French? Thanks for the effort.
Raj Kumar Makkad
(Expert) 06 January 2013
You are correct in your approach and no one is kidding. Kiran is a senior expert of this forum and he is very disciplined and honest lawyer.
Om Prakash Dhusia
(Querist) 06 January 2013
Thanx again Mr. Raj Kumar Makkad and please read my reply to Mr. Kiran and kindly peruse various judgements of the Apex Court on section 157 Cr PC where the accused have been prejudiced and have been set free. Regards
Raj Kumar Makkad
(Expert) 06 January 2013
I do regard your labour on this aspect and also amend my reply to that extent. Thanks for correcting me.
Kiran Kumar
(Expert) 06 January 2013
Mr. Dhusia probably you spoke french only
if you had some better understanding of law then show your skills in court.
I certainly need not to have lessons for you Mr. Frenchman.
Raj Kumar Makkad
(Expert) 06 January 2013
*Mr. Kiran! Please cool down. We are not required to react in such a way.
Om Prakash Dhusia
(Querist) 07 January 2013
No Mr Kiran dont get offended and by the way I am not any lawyer but just a layman whose son and wife have been convicted u/s 364 IPC and acquitted u/s 302-201 IPC and the Trial Judge had not even adjudged that the victim had died and victim is still not traceable not because that any evidence was against them. The Trial Judge was b*stard, son of bi*ch and his mother's f**ker. There is restriction under section 167 Evidence Act so we have to wait for the hearing of the appeal in the High Court and I am preparing the defense so I am in the process of learning but had acquired the vast knowledge than a lawyer like you. I had changed 3 lawyers during the trial and none of them was aware about Chik FIR, Regular FIR, SR, sections 161,162 CrPC, Sections 27, 35, 165 etc of Evidence Act. There is no shame in learning the things by committing the mistakes but the mistake should not be fatal. Mr Raj Kumar Makkad understands the sentiments but I laughed it out when you spoke of SR means Quick information. Come on senior lawyer we all commit mistakes and I and you are no exception. Regards not because you are sr. lawyer but a human being like me. Once again many thanks to Mr. Makkad for being so humble and gentleman.God bless him.
Raj Kumar Makkad
(Expert) 07 January 2013
Mr. dhusia! It is not good on your part to treat the experts in the manner you have done here. Judges may also do wrong and may take incorrect decisions but the language you used against them is also not tenable before law as well as the same is a challenge to the set up of judiciary in the country.
You may change lawyers for your case as many times as you like but seeking help of lawyers in learning and abusing them at the same time is nothing but a dishonesty and non-thankfulness.
Anyway, we all shall still go on providing the advice to the masses as per our little knowledge. We have never claimed ourselves as Senior lawyer or so on as we all are still learners and shall learn till the last moment. We never claim have learnt a lot as some other persons do claim openly.
Om Prakash Dhusia
(Querist) 08 January 2013
Mr. Raj Kumar Makkad the problem is that lawyers dont come free and how many times one would change the lawyer? And the problem is that the accused/appellant can not speak on his behalf and would require a black robed man who fleece the client with the conviction with his ill acquired knowledge. As for advise is concerned since you have also realized that one should not be fed with the absurdity. If I do not know something then I should learn from the more knowledgeable and there is nothing wrong in imparting knowledge. I have only used abusive words against the trial Judge if there would have been anarchy then I should have killed him. I thank the administrator of this column for his noble gesture. It is not the wrong appreciation of evidence of a judge but he should not have convicted my son and wife on the whims and fantasy when the victim has not been declared dead by him and not even after 13 years has been found traceable. The witnesses were planted, the evidences were fabricated and the I.O has admitted that he had not conducted any investigation during the days when the evidences were fabricated then do you think that judge had only committed a mistake? The victim is neither dead nor found alive in the custody of the accused then how it can be a mistake of a judge? He had committed blasphemy and insulted the constitution. He has mis-used the office to commit atrocities on the haplesse and it is not because they are my wife and son but because they are innocents. There is a severe violation of our human rights and where are the champions of Human Rights? in countries like Japan the trial judge would have committed Harakiri hundreds of times but many of Indian Judges are thick skinned. I have mis-read the word senior expert to sr. lawyer and I apologize for it. Regards
Om Prakash Dhusia
(Querist) 08 January 2013
Mr. Raj Kumar Makkad you have very rightly commended that the Judges should be respected as to err is human but I don’t think it was even a human error in our case. I exhort not only you but everyone and spare some time to peruse the peculiarity of our case and decide it yourself as what should have been done with the Trial Judge if it is found that he had perpetuated atrocities on the innocents simply because he is empowered to do so. Judges in India are still worshipped as semi-gods by the masses because they are the only hope against all the odds, all the mess created by the polity and the bureaucracy but sadly Justice comes but with heavy price. For example an innocent soul the constable Delhi police had died in the melee during protest against the gang-rape of a brave girl full of dreams and eager to be alive. Immunity provided to judges should not be misused to commit mayhem on the innocents, mischievously knowing it well that nothing could go against them and the alternative is only appeal in the Higher Courts and that would take at least two decades in the High Court and another two decades in the Supreme Court and the justice is not cheap therefore beyond reach of the ordinary citizens. I have read a LCI member’s problem where that poor man had no money to get the 400 pages or so translated into English to file a petition in the Honorable Supreme Court and shamelessly I had to suggest him that Justice is not cheap and please don’t expect it to be free in our country. Those documents were in Hindi and that poor man’s mother tongue was not even Hindi. It wasn’t even inappropriate appreciation of the evidences in our case because nobody knew that at what time the “TEHRIR” (a slang word in U.P. Police parlance which means application if I am not wrong) was submitted. The “TEHRIR” was scribed or written at police station by a man whose presence remained shrouded under mystery. The defense lawyers were morons who did not attack the prosecution from the point of the “TEHRIR” which was registered as Chik FIR which in another slang word for the FIR which was not prepared under section 154 Cr PC but registered on the basis of the contents of the written complaint or the “TEHRIR” copied by the Head Constable in his hand-writing and registered in the Chik FIR register or the General Diary(GD) so that required manipulations could be done during the investigation and that Head Constable who had prepared the Chik FIR was never produced before the Trail Court. Murder is a SPECIAL REPORT CASE (SR) in U.P. where it is mandatory to inform about it to the District Magistrate, SDM, and the SP Police ASAP and delay creates doubt in the mind of the Courts but if it is any FIR under section 157 Cr PC then the Courts can throw the prosecution case if found suspiciously submitted belatedly to the area magistrate including the SPP but that depends upon the circumstances and not necessary that every FIR sent belatedly should lead to throwing of the prosecution case to the dust bin.
If one page of the Case Diary had page No. say for example 1234 then the following page had No. 6789 and the next 0021 but the Investigating officer had explained to the Trial Court that it may be possible that the Case Diary was supplied like that or he did not check it while it was issued and the Trial judge had readily accepted it as a gospel. Judge is not empowered to punish the accused but to do justice to the accused and the victim as well. It is a wrong impression of the masses that the Judge is only to punish the accused. If the accused were charged under section 364-302-201 IPC but then the Trial Judge had acquitted them under the charges 302-201 IPC therefore it indubitably meant that the charge of murder and destruction of evidence was not proved against the accused. This is one of the rarest of rare case where the investigating officer had admitted before the Trial Court that he had not conducted any investigation between 23-08-1999 to 28-08-1999 when 90% of the evidences were “Fabricated”. No police officer would admit so boldly before a Court but did he know that no harm would be done to him? Why was he over-confident and he proved it correct by walking free to his house? The site plan was fabricated on 23-08-1999.The statements of independent witnesses were fabricated on 23-08-1999. Case Diary was manipulated and my son was shown to have been interrogated inside the district jail on 23-08-1999 during judicial remand and he had confessed to his “sin” where the I.O. had admitted that he had conducted no investigation between 23-08-1999 to 28-08-1999. Police and the prosecution had no evidence of Jail entry of investigating officer but the trial Judge had accepted it as the confession of my son though he was never taken on police remand and no material recovery was made under section 27 Evidence act immediately after his alleged “Confession”. The skull allegedly of the victim was discovered by police informer after 15 days of the alleged abduction from a distance of 25-30 kilometers under the jurisdictional area of another police station but that police station did not know (violation of section 166(3 & 4) of such a big “DISCOVERY”. The inquest of the skull was not conducted and the inquest report not prepared. Without inquest and inquest report the skull was sent for PM. The planted skull was not sent for forensic analysis or DNA and the doctor who conducted PM on the skull opined that he could not ascertain whether the skull of some human or of some animal. Since I.O had not conducted investigation on 28-08-1999 then undoubtedly the Skull was “PLANTED” as evidence. The alleged victim has not been traceable since 12-08-1999 till the final verdict on 30-10-2010 but if the accused were found guilty of abduction under section 364 IPC then automatically under section 106 Evidence Act the onus shifted to the accused to explain as to what had happened to the victim because this was exceptionally within the knowledge of the accused as to what had happened to the victim after his abduction and on their failure the Court would have been at liberty to presume that the victim had died and died at the hands of his abductors and should have sentenced them appropriately either to transportation for life or to the extreme capital punishment if found the rarest of rare case. The accused should have also been asked the specific question under section 313 Cr PC that the evidences have appeared against them that they had abducted the victim so explain to the Trial Court as to where the victim is. Planting of the skull was not required by the prosecution to prove the victim’s murder because it was enough for them to have proved abduction under section 364 IPC beyond reasonable doubt and corpus delicti is not a essential ingredient in a murder case. My son and wife were convicted under section 364 IPC though the victim of abduction was not recovered alive from their clutches. The alleged victim was neither found dead nor alive but the Judge wanted us to prove that the victim is alive or his well wishers should have reported that victim has come back home or had been seen alive after 12-08-1999 somewhere on some day. The victim by the trial Court was neither declared “Died a Natural death” nor killed by the wild animals or died in an accident. How could the Judge have sentenced them for 7 years R.I. including Rs. 5000/- fine and additional one year in default of the fine under section 364 IPC? The questions to every intellectual, the Judges of all the Indian Courts including the Apex Court, the real or unreal experts of the Law, the learned, the more knowledgeable, every Tom and Jerry including idiots like me through this column that:-
(1) Was the Trial Judge correct in sentencing my innocent son and wife u/s 364 IPC under the circumstances stated herein?
(2) Did Judge commit an innocent error by sentencing them or committed mayhem of the innocents? He had hurt our souls like a rapist hurts the soul of the innocent victim of his lust. The status of convicts had brought shame on us in our society where we live at Lucknow.
(3) Was this wrong appreciation of the evidences when there was no evidence against the innocents?
(4) If by mistake I had kept a male or a female in captivity for seven years with food, water and caged accommodation with hard labor and police or some NGO’s have rescued him/her after few years then should it be considered my innocent mistake, or a crime u/s 365 & 367 IPC or crime against humanity? Then why the Judge should escape the consequences of sending my son and wife to jail by mistake or on his whims or his fantasy? (5) Why section 167 Evidence Act should not be repealed when Judges come to Courts intoxicated with the power to punish an innocent? Our Evidence Act has been adopted since the year 1872 during our slavery of the British Empire when it was presumed that the Queen does no wrong and every judgment was made in the name of ‘Her Majesty’ but even after 65 years of liberation we have not come out of the grip of our erstwhile masters but with slight difference that Indian Judges don’t write their decisions in the name of ‘His or her majesty’. Is it not a national shame that we could not enact Evidence Act of our own in this modern age? Thus is it unethical if coward like me could only do the least to abuse a criminal Judge through the LCI column and wishfully imagine killing him because this coward Om Prakash Dhusia can do nothing against that criminal Judge except to pray god to send this criminal Judge to Hades? I would not say that had it been USA or any other true democratic country (India also is but a pseudo democratic country) then we would have demanded heavy monetary compensation from the state because I am Indian and living in India and this is our problem which presently may not be national but on a given day or the other, some one, some where comes across such problem. Regards to whosoever had the time and the courage to not just read but peruse it.
Raj Kumar Makkad
(Expert) 08 January 2013
One may be made to suffer the miseries you told even then law of land provides the mechanism to deal with such situation legally and not by threatening to kill the judge. Anyway, it is your sweet desire what to do and what not to do. I thought it my moral duty to chase you to post such language on public platform otherwise I can only make good wishes for you and your family.
Om Prakash Dhusia
(Querist) 09 January 2013
Thank you very much I needed some valuable suggestions at point 4 and 5 and not to feel sorry about what had happened but there should be some mechanism to tame such Judges and I already said that I am a coward and could explode before this column because we have no recourse and by the time appeal would be heard I would be no more in the lap of this mother planet earth but venturing in Nark. Regards
Raj Kumar Makkad
(Expert) 09 January 2013
At least I have no such authority to chose or award Swarag or Narak for anyone including me despite of my best desires. We all can do only good karmas and rest depends upon our fate. You have already filed an appeal and thus have performed your best Karma and now you require to persuade the appeal seriously with the help of your lawyer and then wait for the outcome.
