2009(6 ) SCR 10
STATE OF KERALA
v.
SURESH @ SUBHASH & ORS.
(Criminal Appeal No. 1207 of 2004)
APRIL 1, 2009
[DR. ARIJIT PASAYAT, D.K JAIN AND DR. MUKUNDAKAM
SHARMA, JJ.]
The Judgment of the Court was delivered by
DR. ARIJIT PASAYAT, J. 1. Heard learned counsel for the parties.
2. The Kerala High Court by the impugned order dismissed the appeal filed by
the State questioning acquittal of five accused persons who faced trial in the Court of
Additional Sessions Judge, Pathanamthitta. The trial court acquitted them of the
charges relatable to Sections 143, 147, 148, 109, 449 and 302 read with Section 149
of the Indian Penal Code, 1860 (in short `IPC').
The basic reason which weighed with the trial court to direct acquittal was the
unexplained delay relating to the FIR reaching the concerned Magistrate. Added to
that the authenticity of the report given by PWI was doubtful. The High Court found
that the evidence of PWI was not believable. There was doubt about the authenticity
of Ex. P1 and the unexplained delay in FIR reaching the Magistrate Court. Because
of the aforesaid factors the High Court found that there was no scope for any
interference. Learned counsel for the appellant submitted that PWI was an injured
witness and merely because the investigation was not done in proper manner, the
acquittal should not have been directed. Learned counsel for the respondent
supported the judgment.
We find that both the trial court and the High Court have analysed the evidence
in great detail to find the prosecution version to be not cogent and credible.
According to PWI she gave Ext. P1 FIR before ASI PW17 at 2.30 A.M. on 6.9.1996.
According to PW17 he recorded at 3.00 A.M. on 6.9.1996. But Ext. P1 reached the
Ilage Magistrate at 10.30 A.M. on 7.9.1996. The Investigating Officer has not
explained the delay. Further the trial court found if impossible physically for giving a
lengthy report (Ext. P1) while in Intensive Care Unit. The occurence is stated to have
taken place on 5.9.1996 at 8.15 P.M. According to PW5, he examined the injured
and deceased at 9.30 P.M. If that be so, it has not been explained as to how the FIR
came to be lodged at 2.30 A.M. on 6.9.1996. That being so, We find no scope for
interference in this appeal which is accordingly dismissed.