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TMI Blog1994 (3) TMI 386X X X X Extracts X X X X X X X X Extracts X X X X ..... vening show. Both the brothers took their cycles to the cycle stand of the appellant. PW 6 was asked to pay 40 paise as the charge for keeping the cycles in the stand. Sharad Kumar (deceased), the brother of PW 6, said that in other theatres only 15 paise per cycle was being charged as such why they were being asked to pay 20 paise per cycle. In order to avoid a quarrel, PW 6 said to his brother, Sharad Kumar, that they shall not keep the cycles at the said stand. They took out their cycles from the stand and placed them in charge of a hotel-keeper, just on the opposite side of the theatre. As they were going inside the cinema hall, the appellant called them and asked them as to why they had not kept the cycles at his stand, whereupon PW 6, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t 6.50 p.m. rushed to the Irwin Hospital and recorded first the statement of PW 6 and sent the same to the city police station for registration of a case. Thereafter, he held inquest on the dead body of the deceased and prepared an inquest report. Then he sent the dead body for postmortem examination. He also prepared an injury report in respect of the injuries on the person of PW 6 and sent him for medical examination and treatment to the hospital. Then, the Investigating Officer (PW 21), went to the scene of occurrence and prepared a panchnama of the place of occurrence. He took possession of chappals of the deceased, bloodstained crust of cement plaster and recorded the statement of other witnesses. On May 8, 1977, the Investigating Offi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t it was the appellant, who gave the knife blow in the chest of the victim should not have been accepted. According to the learned counsel, if PW 6 had disclosed the names of the appellant and other two co- accused persons to the Head Constable, in normal course he should have also mentioned that fact in his telephonic message. From the judgments of the Sessions Judge and the High Court, it appears that at about 6.30 p.m., the Head Constable (PW 19) was informed by the Chief Medical Officer of the Hospital that in a fight one Sharad Kumar had died and his body had been brought to the hospital. He, accordingly, informed the P.S.I. Shimpi (PW 21) by telephone, who having received the said message noted down the same in the telephone book ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s been given on telephone. If the telephonic message is cryptic in nature and the officer in charge, proceeds to the place of occurrence on basis of that information to find out the details of the nature of the offence itself, then it cannot be said that the information, which had been received by him on telephone, shall be deemed to be first information report. The object and purpose of giving such telephonic message is not to lodge the first information report, but to request the officer in charge of the police station to reach the place of occurrence. On the other hand, if the information given on telephone is not cryptic and on basis of that information, the officer in charge, is prima facie satisfied about the commission of a cognizabl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct of the said offence. In the case of Tapinder Singh v. State of Punjab (1970) 2 SCC 113: 1970 SCC (Cri) 328 AIR 1970 SC 1566 it was said by this Court, that anonymous telephone message at police station that firing had taken place at a taxi stand; does not by itself clothe it with character of first information report, merely because the said information was first in point of time and the said information had been recorded in the daily diary of the police station, by the police officer responding to the telephone call. Again in the case of Soma Bhai v. State of Gujarat (1975) 4 SCC 257: 1975 SCC (Cri)515 AIR 1975 SC 1453 in respect of an information given to the police station by telephone, it was held : (SCC p. 271, para 19) The mess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd sent him for medical examination and treatment. Then he went to the scene of occurrence and collected bloodstained crust of cement plaster and examined witnesses. Under the circumstances mentioned above the statement of PW 6, which was recorded by the Investigating Officer, after reaching the hospital should have been treated as the first information report. There is no dispute, that in that statement the name of the appellant was mentioned by PW 6 and details of the occurrence as disclosed by him in Court were stated by him. This is apparent because during the cross examination of PW 6, his attention has not been drawn to his statement recorded by PW 21, saying that he did not name the appellant as the assailant of his brother during hi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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