Madhya Pradesh High Court
Pramod vs The State Of Madhya Pradesh on 14 October, 2024
Author: Vivek Agarwal
Bench: Vivek Agarwal
NEUTRAL CITATION NO. 2024:MPHC-JBP:51263
1 CRA-5903-2017
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
&
HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
ON THE 14th OF OCTOBER, 2024
CRIMINAL APPEAL No. 5903 of 2017
PRAMOD
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Ashish Tiwari, Advocate for Appellant.
Shri Nitin Gupta, Government Advocate for State.
ORDER
Per: Justice Vivek Agarwal
Heard on I.A.No.21948/2023, which is fourth application for
suspension of sentence and grant of bail to Appellant Pramod Lodhi.
Learned counsel for the appellant after auguring at length and unable
to convince this Court especially in view of the D.N.A.report, which has not
been exhibited but is dated 18.5.2016 and was received in the Court of
learned 1st Additional Sessions Judge, Tikamgarh on 20.6.2016 and copy
thereof was also supplied to Shri K.K.Mishra, Advocate, prays for
withdrawal of I.A.No.21948/2023.
Accordingly, I.A.No.21948/2023 is dismissed as withdrawn.
We have perused the D.N.A report. After marking it as Exhibit P/36, it
has been erased. The D.N.A report dated 18.5.2016 received from the State
NEUTRAL CITATION NO. 2024:MPHC-JBP:51263
2 CRA-5903-2017
Forensic Science Laboratory, Civil Line, Sagar vide Dispatch
No.Nya.Vi.Pra/DNA/02/16 was sent by the Incharge of the D.N.A Unit for
the Director, Forensic Science Laboratory to the Superintendent of Police,
Tikamgarh on 18.5.2016. The D.N.A report was received in the Court of
learned 1st Additional Sessions Judge, Tikamgarh and its copy was also
supplied to Shri K.K.Mishra, Advocate.
It is interesting to note that the D.N.A report is positive qua Appellant
Pramod Lodhi. Article-B mathched with the blood sample of Appellant
Pramod Lodhi. Despite this, learned Trial Court and the Public Prosecutor
concerned did not bother to exhibit the said D.N.A report though Exhibit
P/36 is mentioned in Paragraph No.26 of the impugned judgment but the
aforesaid document has not been exhibited by any of the witnesses from
Prosecution Witness No.1 to Prosecution Witness No.16 and, therefore,
without it being exhibited formally, mentioning it as Exhibit P/36 is a factual
and legal error. The Court could have marked this document as C-1 and
taken cognizance of it.
Let explanation be called for from the concerned Additional District
Judges so also D.P.O Shri R.C.Chaturvedi, who conducted the trial.
We do not find any question with regard to the D.N.A report as
mentioned in Paragraph No.26 of the impugned judgment in the questions,
which were put to the accused under Section 313 of the Cr.P.C.
This is a serious matter.
The impugned judgment dated 16.11.2017 passed by learned III
Additional Sessions Judge, Tikamgarh in Special Sessions Case No.06/2016
NEUTRAL CITATION NO. 2024:MPHC-JBP:51263
3 CRA-5903-2017
is hereby set aside. The matter is remitted to the Trial Court to exhibit the
D.N.A.report and put questions under Section 313 of Cr.P.C to the accused
persons and then pass a fresh judgment after hearing the parties concerned.
Let aforesaid exercise be completed within two months from the date
of receipt of certified copy of this order which Registry of this Court shall be
obliged to communicate to the Trial Court concerned through its Principal
District Judge at Tikamgarh by 15.10.2024.
In above terms, this appeal is disposed of.
Record be sent back forthwith.
(VIVEK AGARWAL) (DEVNARAYAN MISHRA)
JUDGE JUDGE
amit
