Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | FIR Delay Related witness |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | FIR - Delay in lodging - Effect - Held: Delay in lodgingof FIR is not by itself fatal to the case of the prosecution norcan delay itself create any suspicion about the truthfulnessof the version given by the informant just as a prompt lodgingof the report may be no guarantee about its being whollytruthful - So long as there is cogent and acceptableexplanation for the delay it loses its significance - Whetheror not the explanation is acceptable will depend upon the factsof each case - On facts, no reason to disbelieve theprosecution case only because the FIR was delayed by a fewhours especially when the delay was satisfactorily explained.Evidence - Witness - Related witness - Appreciation of- To be undertaken in the facts of each case having regardto ordinary human conduct prejudices and predilections - Onfacts, the deposition of PW-1 found reliable by the Trial Courtas a/so the High Court, no matter he was related closely tothe deceased - Version given by PW1 corroborated bymedical evidence - Prosecution case as to the manner inwhich assaults started and the place of occurrence proved bythe deposition of PW-1.Penal Code, 1860 - s.302 I 304 Part fl - Assault withsticks and stones leading to death of a person - Convictionof accused-appellants uls. 302 - Plea for altering theconviction from s.302 to s.304 Part If - Held: Not tenable -The manner in which the deceased was assaulted and thebrutality of the assault shows that the accused formed an unlawful assembly with the object of killing the deceased -The blow landed on the deceased had brought him to theground whereupon the accused continued brutalising thedeceased with the help of stones, in the process crushing hishead and squeezing his testicles - Nature of injuries causedB to the deceased clearly indicative of the accused having hadthe intention of killing him. |
Judge | Honble Mr. Justice T.S. Thakur |
Neutral Citation | 2013 INSC 608 |
Petitioner | Shanmugam And Anr. |
Respondent | State Rep. By Inspector Of Police, T. Nadu |
SCR | [2013] 10 S.C.R. 99 |
Judgement Date | 2013-09-11 |
Case Number | 1623 |
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