Document Fragment View
Fragment Information
Showing contexts for: section 358 crpc in Om Prakash And Others vs State Of Utter Pradesh on 11 March, 1983Matching Fragments
The learned counsel for the appellants submitted that the F.I.R. Exh. Ka-1 is ante-timed. He drew our attention to section 157 of the Code of Criminal Procedure and submitted that the time of despatch of Exh. Ka-1 is not entered there on. Section 157 only states that the first information report should be despatched forthwith and does not say that the time of despatch must be noted thereon. The learned Sessions Judge has observed in his judgment that Exh Ka-1 seems to have been lodged at the Police Station without any inordinate dely and that there is nothing on record to show that there was any oblique motive for concocting a false story of the occurrence itself in that first information report. The learned counsel for the appellants invited our attention to the evidence of Shiv Poojan Tiwari Sub- Inspector of Moosa Nagar Police Station who had been examined as C.W. 1. The evidence of CW. 1 is that while he was raiding Numain Purwa village in a murder case of his Police Station at about 2.00 A.M. in the night of 16/17-2- 1968 he heard noise coming from the side of Makhauli village situate 3 miles north of Numain Purwa village and went there along with some armed police guard at about 4.00 A.M. and was informed that Mauji Lal had been murdered in his house and property had been looted from his house by dacoits and that his brother and certain other persons had gone to the police station for lodging a report. He has also stated that he went to the house of Mauji Lal and found his dead body lying inside the house and that he stayed in the village until the Sub Inspector of the Police Station concerned (P.W. 11) arrived at the spot and started investigation. The learned counsel for the appellants commented on the basis of the evidence of C.W. 1 that he had not noted the names of the assailants in the general diary entry made by him in his police station that the names of the 18 accused including those of the appellants have been mentioned in the first information report Exh. Ka-1 only as an after thought. The relevant portion of Exh. Ka-1 may be extracted in order to appreciate the contention of the learned counsel for the appellants. P.W. 1 the author of exhibit Ka 1 who does not claim to have seen the incident which took place in the eastern kotha of the house of the deceased has stated in that report thus :-