NDLI: Bhagaloo Lodh and Anr. Vs. State of U.p.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Penal Code
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Penal Code, 1860 - s. 302 r/w s. 34 - Homicidal death due to sharp edged weapon - Conviction under s.302 r/w s.34 - Challenge to - Held: Prosecution furnished satisfactory explanation for delay of 9 hours in lodging the FIR - PW1 explained that the incident occurred at night and he could not go to the police station, which was at a distance of 18 Kms, out of fear - Both eye-witnesses were closely related to the deceased but their testimonies had been found trustworthy by both the courts below, and thus cannot be discarded - Conviction accordingly upheld.FIR - Delay in filing of FIR - Effect of - Held: Prompt and early reporting of the occurrence by the informant with all its vivid details gives an assurance regarding truth of its version - case there is some delay in filing the FIR, the complainant must give explanation for the same - In absence of such an explanation, the delay may give presumption that allegations/accusations were false - Delay in lodging the FIR does make the complainant's case improbable when such delay -is properly explained.Evidence - Evidence of a close relative - Held: Can be relied upon provided it is trustworthy - Such evidence cannot be disbelieved merely on the ground that the witnesses are inter related to each other or to the deceased.
Judge	Hon'ble Dr. Justice B.S. Chauhan
Neutral Citation	2011 INSC 414
Petitioner	Bhagaloo Lodh And Anr.
Respondent	State Of U.p.
SCR	[2011] 6 S.C.R. 1037
Judgement Date	2011-06-14
Case Number	207

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