Full Judgment Text
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1800 OF 2010
(Arising out of SLP(Crl.)No.9043/2009)
SAROJ PANDEY ... APPELLANT(S)
VERSUS
STATE OF NCT OF DELHI & ANR. ... RESPONDENT(S)
O R D E R
Heard learned counsel for the parties.
Leave granted.
This appeal is directed against the judgment and final
order dated 13.10.2009 passed by the High Court of Delhi at New
Delhi in Writ Petition (Crl.)No.1337 of 2009. The short controversy
which arises in this appeal is regarding examination of a suicide
th
note. In the order dated 4 February, 2010, the High Court has
observed as under :
“In this view of the matter, the Investigating
Officer shall obtain the Hindi handwriting of the
deceased from the C.B.S.E. Board, if possible, and
send the admitted Hindi handwriting of the deceased
and the suicide notes for comparison to the FSL
Laboratory as expeditiously as possible.”
Admittedly, part of the suicide note is written in English
and part of it is written in Hindi. Ms.Indira Jaisingh, learned
Additional Solicitor General submits that it is not possible to
compare Hindi handwriting because Hindi records are not available.
In this view of the matter, when her Hindi handwriting cannot be
compare, it becomes imperative that whatever has been written in the
suicide note in English has to be examined by a handwriting expert
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to ascertain whether suicide note was in the handwriting of the
deceased.
The handwriting expert, in his opinion, has mentioned in
his note that “the register marked A-4 containing the admitted
English writings of deceased Pinki have not been considered in the
examination.” In order to do complete justice, we deem it
appropriate that the suicide note of the deceased be sent to another
handwriting expert and he must give a complete report of the words
which have been mentioned in both Hindi and English. The handwriting
expert would be selected by the concerned trial Court. The
handwriting expert must send the report to the trial court as
expeditiously as possible, in any event, within four weeks from the
date of communication of the order of the trial Court.
With these observations, the impugned order is modified
and the appeal is, accordingly, disposed of.
...................J.
(DALVEER BHANDARI)
...................J.
(DEEPAK VERMA)
NEW DELHI;
17TH SEPTEMBER, 2010