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TMI Blog1951 (1) TMI 45X X X X Extracts X X X X X X X X Extracts X X X X ..... was on the verandah of his garden shed, he received certain injuries either as the result of a gun shot or as the result of the explosion of a country bomb. He was taken to the hospital at Udamaipet where he was examined attended to by the local Asst. Surgeon. His cousin, also called Guruswami, went to the police station at Udamaipet at about 9-30 p.m. told the Sub-Inspector the Circle Inspector that the petnr. had been shot that he had been brought to the hospital. The Sub-Inspector did not take down this statement of Guruswami in writing. Instead, he merely made an entry in the General Diary to this effect: 21-30 hours. G. Guruswami Naidu of Chinnakomarapalayam stated that Sri Guruswami has been shot the injured man h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9;alibi'. 3. The first argument which Mr. Nambiar, the learned advocate for the petnr, put forward was that the Cts. below were in error in treating Ex. P. 4, the statement which the Sub-Inspector recorded from the petnr. at about 10-35 on the night of 15-10-1947, as the F. I. R. in the case. According to him the real F. I. R. in the case is the information which Guruswami Naidu, the cousin of the petnr. gave at the police station. I think there is very considerable force in his argument. It is no doubt true that Guruswami the cousin of the petnr., did not say who the offenders were or give any inkling about them, but that is not a circumstance which alters the character of that information. In quite a large number of cases th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... information was so suspicious that they were unable to attach any weight to the same. This might have been the reason why they proceeded to the hospital to see for themselves whether there was any foundation of truth in the information. It seems to me that considerations of this kind are wholly irrelevant when we have to decide whether a particular information lodged at the police station is an F. I. R. or not. Whether an alleged offence is the result of an accident or the voluntary wrongful act of someone else or is covered by one or other of the general exceptions--these are circumstances which can be properly ascertained only during the actual investigation. The fact that the quantum of material information in Ex. P. 7 is m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the information is true or false is really the starting point of an investigation. I agree that mere gossip or rumour or hearsay would not ordinarily fall within the scope of Section 154, Criminal P. C. but that is because it is really not information at all. Gossip rumour are not statements relating to a crime; they are statements about statements relating to a crime; they involve no assertion about the crime have no shape or form. They do not therefore amount to information. But if someone goes to a police station definitely tells the officer-in-charge there that a cognizable offence has been committed that statement is made with a view to inducing the police officer to enquire into the matter, I do not see how we can refuse to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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