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 :  

1. Subhash Reddy, J.
2. Leave granted.
3. 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).

3. 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.

4. 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.