Search Results Page
Search Results
1 - 10 of 26 (0.52 seconds)Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 148 in The Indian Penal Code, 1860 [Entire Act]
Section 34 in The Indian Penal Code, 1860 [Entire Act]
Section 149 in The Indian Penal Code, 1860 [Entire Act]
Section 307 in The Indian Penal Code, 1860 [Entire Act]
Section 147 in The Indian Penal Code, 1860 [Entire Act]
Section 207 in The Code of Criminal Procedure, 1973 [Entire Act]
Brijpal Singh And Other vs State Of U.P. And Others on 30 March, 1993
So far as the other reported decision of Brijpal Singh (supra) is concerned, it is of significance that in that case the empty cartridge found near the dead body was not fired from mouser rifle which was allegedly used in the commission of the crime and further there were inter se contradictions in the evidence of eyewitnesses of that case and taking cumulatively these factors the prosecution evidence was not found reliable and benefit of doubt was given to the accused. However, the evidence of both the eye-witnesses in the instant case has been found to be reliable and the report of the Ballistic Expert do not materially effect their credibility and further the two witnesses despite being related witnesses have stood the test of piercing cross-examination and their evidence on careful scrutiny has been found to be trustworthy. Thus the reported decision pressed into service on behalf of the accused have no bearing at all on the facts of the case and these decisions do not support the cause of the accused.
Balram Singh & Anr vs State Of Punjab on 7 May, 2003
30. To bring home the above point of view that F.I.R. was ante-timed reference was also made to the provision of Section 157 of the Code of Criminal Procedure and it was submitted that the F.I.R. was sent to the jurisdictionaJ Magistrate after a long delay of about one month as is evident from the reply to the questionnaire of the Court of the Magistrate, Ext. Kha.l. In the relevant column of the check F.I.R. it is mentioned that the F.I.R. was sent by post but no date has been mentioned. No doubt the said paper Ext. Kha.l indicate that the F.I.R. was received as per the entry of the register of the Magistrate on 27-2-2001 whereas the F.I.R. was registered on 26 1 200 i but we cannot lose sight of the fact thai: soon after the lodging of the F.I.R. the inquests on the dead bodies of the two victims have been held and these were dispatched the same day, that is, 26-1-2001 for post-mortem examination, which were conducted next day on 27-1-2001, therefore, in the face of completion of such important formalities of the investigation it could not be accepted that the F.I.R. did not come into existence at the time as alleged and proved by the prosecution and, therefore, even if there was such delay in sending the F.I.R. to the juris-dictional Magistrate the same will not have telling effect, on the prosecution version and assail the otherwise trustworthy evidence of the two eye-witnesses, ft is well settlered and as has also been reiterated by the Apex Coun in the case of Balram Singh v, State of Punjab, , the delay in sending the F.I.R So the jurisdictional Magistrate by itself would not | weaken (he prosecution case. Therefore, cither on the basis of delay in sending the F.I.R. to the jurisdictional Magistrate or on the basis of some mistake in preparing the check F.I.R. on the basis of the written report it cannot, safely be accepted that the F.I.R. of the case was ante-timed. Further, the distance of police station from the village of occurrence being 13 kms. the lodging of the F.I.R. at 1.45 p.m. indicate that it was lodged without delay on the day of the occurrence itself. In the face of the fact of the case we are not inclined to entertain any doubt in the veracity of the F.I.R. of the case. In our view the prompt F.I.R. of the case also fully corroborate the testimony of P.W. 1 and P.W. 3. Attention was then drawn to the omission of time of receiving the dead bodies at Police Headquarter in the relevant columns of Challan Reports in Form 13, Ext. Ka. 8 and Ext. Ka.13 to contend that this also show that F.I.R. of the case wars not drawn at the time as shown in it but it was ante timed and to facilitate the same the above columns were left unfilled. In this case the dead bodies of the two victims were sent to Kashipur Hospital for post-mortem instead of District Headquarter at Rudrapur which is at a greater distance and in a situation like this the dead bodies were not to be sent to Police Headquarter at Rudrapur. So when the dead bodies were not sent there the relevant columns in the two Challan Reports remained unfilled.