COURT : Supreme Court of India (Division Bench (DB)- Two Judge)
JUDGEMENT NAME : Kanchan Sharma Versus State of Uttar Pradesh & Anr. Appeal (Crl.), 1022 of 2021
JUDGEMENT DATE : Sep 17, 2021
RELATED SECTIONS : INDIAN PENAL CODE, 1860
Section 302 – Punishment for murder
Section 328 – Causing hurt by means of poison, etc., with intent to commit and offence
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
IMPORTANT PARAGRAPH :
- Subhash Reddy, J.
- Leave granted.
- This criminal appeal is filed by the applicant in Application
No.27662 of 2019, aggrieved by the order dated 18.07.2019 passed by
the High Court of Allahabad, dismissing her application filed under
Section 482 of Code of Criminal Procedure (Cr.PC).
- That on 11.05.2018, an FIR bearing Case Crime No.278/2018
was registered at P.S. T.P. Nagar Police Station, District Meerut on the
complaint of Vijaydeep (complainant and brother of the deceased)
under Sections 328, 302, IPC and 3(2)(v) of The Scheduled Castes and
the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short,
‘the Act’), alleging that his brother Vikas (deceased) was called by the
appellant – Kanchan Sharma on 04.05.2018 at her house. At that
point of time his brother was on duty at PVM Logistic Company and
on such call, he went to the house of the appellant, wherein the
appellant’s father, mother and sister met his brother and all of them
abused his brother with casteist abuses and forcefully administered
poison to him and consequently his brother became unconscious.
Complainant further stated that his brother was taken to hospital and
due to the negligence of the hospital, he died.
- Initially FIR was registered for offences punishable under
Sections 328, 302 of IPC and Section 3(2)(v) of the Act against the
appellant, her brother and sister. After investigation, final report was
filed only against the appellant for the offence under Section 306 IPC
and Section 3(2)(v) of the Act. On filing such final report, cognizance
was taken against the appellant and on 21.02.2019 nonbailable
warrants were issued against the appellant. After filing of the final
report, case was registered against the appellant in Special Sessions
Trial No.23 of 2019 (State v. Kanchan Sharma) under Section 306 IPC
and Section 3(2)(v) of the Act, which is pending on the file of the
Additional District & Sessions Judge / Special Judge, Scheduled
Castes & Scheduled Tribes (Prevention of Atrocities) Act, Meerut.