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1 - 10 of 22 (0.30 seconds)Section 148 in The Indian Penal Code, 1860 [Entire Act]
Section 307 in The Indian Penal Code, 1860 [Entire Act]
Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 27 in The Arms Act, 1959 [Entire Act]
State Of Punjab And Ors. vs Pritam Singh & Sons And Ors. on 18 November, 1997
In
the aforesaid background, it is submitted with reference to the judgment
of the Supreme Court in the case of State of Punjab Vs. Pritam Singh
and others, AIR 1977 Supreme Court 2005 that where there is serious
enmity between the parties motive for the informant to implicate the
Patna High Court CR. APP (DB) No.919 of 2009 dt.16-07-2013 23
accused and motive for the accused to kill the informant is required to
be balanced. The truth of the prosecution case can only be ascertained
from surrounding circumstances.
Bijoy Singh & Anr vs State Of Bihar on 17 April, 2002
15. Learned counsel for the appellant further submitted
that fardbeyan of the present case was lodged after considerable delay of
more than 3 hours as according to the prosecution witnesses the
deceased suffered rifle injury at around 6 P.M. and reached Magadh
Medical College Hospital at around 7 P.M. vide evidence of P.W. 3 Md.
Sahid Khan paragraph 25 but the fardbeyan was recorded at 10.10 P.M.
though police station is in the hospital campus where the Dy. S.P. along
with police force also reached at about 7.20 P.M. vide evidence of Md.
Wasim Akram P.W.-6 paragraph 12. According to counsel for the
Patna High Court CR. APP (DB) No.919 of 2009 dt.16-07-2013 21
appellants delay in recording the fardbeyan is either because the
prosecution witnesses were not available at the scene of the crime or
they were not sure about the identity of the accused persons and chose to
implicate the entire family of Abid Akthar on account of previous
enmity. In this connection, it is further submitted that delay in lodging
the fardbeyan was required to be explained by the prosecution by
examining the scribe of the fardbeyan S.I. Nishikant and the witnesses
of the fardbeyan Saahjahan Khan and Abdul Badud Khan as also the
Dy. S.P. who reached the hospital in the evening of the occurrence at
about 7.20 P.M. Delay in lodging the fardbeyan having not been
explained, the same is fatal to the prosecution case in absence of any
explanation for the delay. Reliance in this connection is placed on the
judgment of the Supreme Court in the case of Awadhesh and another
Vs. State of Madhya Pradesh, AIR 1988 Supreme Court 1158,
paragraph 5, Kanhai Mishra alias Kanhaiya Misar Vs. State of
Bihar, AIR 2001 Supreme Court 1113, paragraph 7, Bijoy Singh
and another Vs. State of Bihar, AIR 2002 Supreme Court 1949,
Bachhu Narain Singh Vs. Naresh Yadav and others, AIR 2004
Supreme Court 3055, paragraph 13 and Om Parkash Vs. State of
Haryana, (2006) 2 Supreme Court Cases 250.