Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1872 : Sections 138 and 146 378 and 386 Evidence Act Criminal Procedure Code 1973: Section 154 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Evidence Act, 1872 (1 of 1872) Code of Criminal Procedure, 1973 (2 of 1974) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Criminal Law :Criminal Procedure Code, 1973:Section 154-FIR Delay in filing-Gruesome murder in a village-Assailants kept a watch on the road throughout the night and left the place at about 5.00 a.m.-FIR filed at 7.00 a.m.-Two hours time taken to reach police station-No cross-examination of the witness on the explanation of delay in filing FIR-Held: Under these circumstances, delay satisfactorily explainedSection 154--FIR-Omissions in-Held: Non-mentioning of the details and meticulous particulars, no ground to reject the prosecution case. Section 154-FIR-Consultation-Before filing-Two members of the victim's family talked about giving the complaint and drafted the same-Held : This does not mean there was consultation before filing FIR.Sections 378 and 386-Acquittal-Appeal against-Reversal of-On a matter of fact-Power of appellate court-Principles-Held: If two views are possible then the appellate court should take the view that supports the acquittal-However, in the circumstances of the case, the acquittal of accused T reversed. Evidence Act, 1872 :Sections 138 and 146-FIR-Delay in filing-No cross-examination of witness on the explanation of delay-Held: Evidence of the witness remained unchallenged and must be believed. Criminal Trial-Motive-Absence of-Held : Pales into insignificance when participation of accused is established by evidence of eyewitnesses. Criminal Trial-Assailants-Identification o.f-Took place at 6.30 p.m. -Sufficiency or insufficiency of light-Held : At that time it would not he too dark to identify a person particularly when he is known- Moreover, when the light was enough to enable the assailants to identify their victims it cannot he said that the light was not enough to identify the assailants. The appellants-accused were convicted by the Sessions Judge for offences under Sections US, 201, 302 and 449 of the Penal Code, 1860. The High Court, however, acquitted the appellants on the grounds that no weapon or role was assigned to the accused persons in the FIR; that there was delay in filing the FIR which remained unexplained; that there was consultation between two members of the victim's family i.e. PWs 1 and 2 before filling the FIR; that the eyewitnesses could not have identified the assailants as the time was 6.30 p.m. and only a lantern was burning and that no motive was assigned to the accused.According to the prosecution, the appellants-accused armed with various weapons, entered a village and killed three persons in their houses, dragged the dead bodies and burnt them outside. The assailants were keeping a watch on the road throughout the night and left the place at about 5.00 a.m. ' The FIR was lodged by PW-1, an eyewitness, at about 7.00 a.m. as the distance from the scene of occurrence to the police station could only be covered in two hours. PW-1 was not cross-examined about the delay in filing the FIR. |
Judge | Hon'ble Mr. Justice S.S.M. Quadri |
Neutral Citation | 1998 INSC 100 |
Petitioner | State Of Uttar Pradesh |
Respondent | Nahar Singh (dead) And Ors. |
SCR | [1998] 1 S.C.R. 948 |
Judgement Date | 1998-02-18 |
Case Number | 273 |
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