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Bimal Subba alias Bijay Subba vs. State of Sikkim

(xv) The alleged overwriting in Exhibit 1, the FIR, dated 05-12-2014, have been carefully examined by us and we find that the overwritings do not prejudice the Prosecution case at all as these are indications of human error and nothing else. The missing FIR of the Naya Bazar Police Station devoid in the records of this case is another instance of slipshod investigation, but can have no negative repercussions on the Prosecution case, which is based on Exhibit 1 the FIR. Another contentious point raised was the delay in forwarding of the FIR to the learned Magistrate. On perusal of the formal FIR, Exhibit 2, it is clearly recorded therein that the date of dispatch to the Court from the Police Station is 05-12-2014. The learned Magistrate has "seen" the document on 08-12-2014 and hence, the Prosecution cannot be held at ransom in this context. The non-matching of the hair samples collected from the vehicle with that of P.W.13 or the appellant is inconsequential to the Prosecution case. The role of the alleged two other occupants of M.O.XXVII have not been seriously contested by the appellant. During the cross- examination of the I.O. the response elicited in this context was that she had conducted investigation into their role. The evidence on record, reveals that the entire incident had its genesis in the appellant seeking to elope with P.W.13, sans material means, leading to the unfortunate death of the victim in order to fulfil the desires of the appellant.