Bimla Devi Vs. Rajesh Singh & Anr.
|
Head Note
Indian Penal Code,1860 - Section 302 , Section 201 , Section 452 , Section 148 , Section 34
Delay in Sending FIR to Magistrate - Held that delay in sending the FIR to the magistrate can vitiate the investigation, but a cogent reasoning can override this procedural lacunae - Though there was a delay of one day in sending the FIR yet no motive in manipulating with the FIR was proved - Prosecution case strongly backed by testimonies of the six eye witnesses who have testified the incident in almost similar terms - A procedural lapse in not sending the FIR promptly, did not prejudice the present case.
Indian Penal Code,1860 - Section 302 , Section 201 , Section 452 , Section 148 , Section 34
Life Imprisonment - Held that life imprisonment is the rule and death penalty is an exception -Death penalty can only be awarded in rarest of the rare cases - No doubt each case of murder is gruesome and barbaric, however, the right of life of even an accused has to be respected -Their existed previous enmity between the families of the deceased and the accused - The accused were also proved to be from the same village who are neither having any criminal antecedents nor they are history-sheeters - The case is an apparent example of family feud gone horribly wrong - The accused are not posing any danger to society at large -Present case is not within the category of rarest of the rare cases - Sentence awarded by the Courts below is adequate for the accused to introspect and also sufficient for the society to heal its wounds.
The Code of Criminal Procedure, 1973 - Section 174
Contention that there is overwriting in the inquest report - Held that the scope of the section 174 Cr.P.C. is investigation by the police in cases of unnatural or suspicious death - Scope is very limited and aimed at ascertaining the first apparent signs of the death - Apart from this the police officer has to investigate the place wherefrom the dead body is recovered, describe wounds, fractures, bruises and other marks of injury as may be found on the body, stating in what manner or by what weapon or instrument, such injuries appear to have been inflicted - Mere overwriting in the name of the informant would not affect the proceedings - The fact of homicidal death was not in dispute and the manner in which the death was occurred is also not disputed - Then merely name being overwritten will not help the defence, when the contents of the inquest report was supported by the eye witnesses and also the medical evidences.
Topic(s)-Murder - Delay in Sending FIR to Magistrate - Conviction