Allahabad High Court Orders DNA Test In A Murder Trial To 'Unearth Truthfulness' Of Prosecution's Case

In a significant order, the Allahabad High Court has allowed conduct of DNA Test in a murder trial as it noted that the same was in the interets of justice to unearth the truthfulness of the prosecution's case.

However, the bench of Justice Gautam Chowdhary did stress that the DNA test should not to be directed as a matter of routine and in only deserving cases where a strong prima facie case is made out.

The Court noted that the contention of the murder accused that he is innocent would be proved if the DNA samples are not matched and it would come on the record that he was being falsely roped in the case.

The case in brief 

An FIR was lodged by Hardeo Singh/Informant under Section 302 I.P.C. alleging that Mohan Singh (Murder accused) has abused and shot his mother, who had gone to the market to purchase some articles. After the filing of the charge sheet, the case was committed to the Court of Sessions.

During the pendency of the trial, the accused contended that the deceased had died somewhere else and that the Investigating Officer had prepared the wrong Naksha Nazari of the place of incident and the accused was falsely implicated in the case since the place of occurrence was recorded in the investigation was not correct.

Therefore, he moved an application under Section 233 Cr.P.C. stating therein that the prosecution may be directed to provide the blood sample of the family members of the victim and be sent to the Forensic Laboratory for conducting the DNA test of the blood collected from earth (from the place of the incident) to ensure as to whether both are same or not.

It was his primary contention that if the blood of the stained earth and the blood of the family members of the victim are found to be the same, then it could be said that the prosecution has a valid case and therefore, all this can be ascertained by way of DNA test only.

Further, when the prosecution raised the contention that conduct of the DNA test would result in the violation of the privacy of the family member of the deceased, the accused contended that there would be no adversity for the informant, in case, the Court directs for DNA test of the family members of the victim with the blood-stained earth mud, and the same could help him (accused) in proving his innocence. 

However, on the application of the accused, the objection was filed from the side of the prosecution, and thereafter, said application was rejected, the same was under challenge in the instant application before the High Court. 

Before the High Court, the Counsel for the informant submitted that if a person refuses to undergo for a DNA test, then he cannot be forced/compelled to undergo the same as such the informant or his family members also cannot be forced to undergo for DNA test as it relates to their privacy.

Court's observations 

At the outset, the Court noted that in case, the DNA is directed to be conducted and DNA matched, then the accused may be convicted and in case, the DNA does not match, then the contention that the applicant is innocent would be proved.

In view of this, the Court opined that in the instant case, the DNA test was not beingb sought to establish the relationship between the applicant and informant, rather the same has been requested to prove the innocence of the applicant, therefore, the Court noted, there would be no impinge on his personal liberty and his right to privacy of the informant or his family members.

"It is the case of the applicant that false naksha najri has been prepared to implicate him as the incident has taken place somewhere else and is shown to have occurred at the place mentioned in the FIR, it would be primary to ascertain the place of the incident first so as to gain faith in the prosecution story as narrated in the FIR. The said requirement can be best served by obtaining DNA result of the blood sample of the informant or his relative with the blood stained earth recovered from the alleged place of occurrence" the Court remarked.

Considering the facts and circumstances in its entirety, the Court opined that to arrive at just decision of the case and to avoid any suspicion or doubt in the prosecution case, it would be in the interest of justice that DNA test may be conducted.

Therefore, the Court held that the Court below has committed illegality in passing the impugned order, therefore the same was set aside and the Court directed that the blood sample of the informant or any of his family members be taken for conducting the DNA test with the blood stained earth collected from the alleged place of occurrence to unearth the truthfulness of the prosecution case.

Case title - Mohan Singh v. State of U.P. and Another [APPLICATION U/S 482 No. - 1621 of 2022]

Case Citation: 2022 LiveLaw (AB) 360

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