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TMI Blog2002 (4) TMI 1006X X X X Extracts X X X X X X X X Extracts X X X X ..... unscrupulous survivors of the crime or the relations of the victims invariably but unfortunately helps the real culprits as it becomes difficult for the court to sift the rain out of the chaff. Under such circumstances and in view of the prevalent criminal jurisprudential system in the country, the doctrine of presumption of innocence in favour of the accused makes the justice itself a victim which ultimately weakens the criminal justice dispensation system. Be that as it may, an onerous duty is cast upon the criminal courts in the country to ensure that no innocent is convicted and deprived of his fundamental liberties. However, in cases of group clashes and organised crimes, persons beyond the screen, executing the crime should not be allowed to get scot free. In cases involving number of accused persons, a balance approach by the courts is required to be insisted upon. Neither any innocent person should be convicted nor a guilty acquitted under the cloak and cover of the loose and liberal interpretations of the statutory provisions and the technicalities of procedural wrangles. In cases of arson and murder where larger number of people are accused of committing the crime, the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he place of occurrence where the dead body of Vijay Singh was laying. The police is stated to have come at the place of occurrence at about 2.30 p.m. when the statement of Brij Nandan Singh was recorded and FIR registered. Besides the five eye-witnesses, the prosecution examined six other witnesses. Dr. B.P. Verma (PW3) has conducted the post-mortem on the dead body of Vijay Singh and Dr. Anjani Kumar (PW9) examined the injured person Sanuj Singh. Dr. S.K. Jha (PW11) treated Sanuj Singh after he was referred to Biharsharif Hospital for treatment. The evidence of PW6 was tendered by the prosecution whereas PW8 is the Investigating Officer and PW10 is the X-Ray Technician. 4. Mr. U.R. Lalit, Senior counsel appearing for the appellants submitted that the prosecution has tried to implicate innocent persons as accused persons only on account of enmity with the object of taking revenge. It is submitted that except Accused Nos. 2 and 3 no other accused person is proved to have done any overt act in furtherance of the alleged common object. It is submitted that there was a delay in lodging the FIR and sending its copy to the Magistrate. The prosecution did not assign any reason for not rec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly after the occurrence. The fact of the state of mental agony of the person making the FIR who generally is the victim himself, if not dead, or the relations or associates of the deceased victim apparently under the shock of the occurrence reported has always to be kept in mind. 6. This Court in L/NK. Meharaj Singh v. State of U.P. 1995 CriLJ 457 held that FIR in a criminal case and particularly in a murder case is a vital and valuable piece of evidence for the purpose of appreciating the evidence led at the trial. The object of insisting upon lodging of the FIR is to obtain the earliest information regarding the circumstance in which the crime was committed, including the names of the actual culprits and the parts played by them, the weapons, if any, used as also the names of the eye-witnesses, if know to the informant. Delay in lodging the FIR often results in embellishment, which is a creature of an afterthought. 7. Sending the copy of the special report to the Magistrate as required under Section 157 of the Criminal Procedure Code is the only external check on the working of the police agency, imposed by law which is required to be strictly followed. The delay in sending the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d party. There is some substance in such a submission. 9. We have no doubt in our mind regarding the involvement of Jawahar Singh (A-2) and Upender Singh (A-3) in the commission of the crime which resulted in the death of Vijay Singh and injuries to Sanuj Singh (PW5). However, there are circumstances which, when taken together, cast a reasonable doubt in our mind regarding the involvement of the other accused persons in the commission of the crime for which they have been charged, convicted and sentenced. Such circumstances are as under : i) After the occurrence injured Sanuj Singh (PW5) was taken to Primary Health center at Sarmera by Shiv Nandan Singh, Kamala Singh and Gano Singh but no report was lodged in the police station which is stated to be 100 yards away from the Health center. The explanation offered is that as the doctor on duty had informed the police station about the arrival of the injured in the Hospital, no necessity was felt for reporting the matter in detail at the police station. Be that as it may such a conduct would put the court on alert to find out whether time was bargained by the relations of the deceased and the injured to deliberate before lodging the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d of suspicion on its credibility in so far as involvement of persons other than Jawahar Singh (A-2) and Upender Singh (A-3) are concerned. In cases of party factions and group rivalries there is a tendency on the part of the prosecution witnesses to implicate some innocent persons also along with the guilty ones. Generally in such cases the witnesses of the prosecution cases are prone to exaggerating the culpability of the actual assailants and to extend the participation in the occurrence of some possible innocent members of the opposite party as well. In such cases, as noticed earlier, a duty is cast upon the court to sift the evidence and after a close scrutiny with proper care and caution to come to a judicial conclusion as to who out of the accused persons can be considered to have actually committed the offence. This Court in Deep Chand v. State of Haryana (1969) 3 SCC 890 pointed out that the maxim falsus in uno falsus in omnibus is not a sound rule to apply in the conditions in this country and, therefore, it is the duty of the court in cases where a witness has been found to have given unreliable evidence in regard to certain particulars, to scrutinise the rest of his evi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ding their participation in the commission of the crime, they are entitled to the benefit of reasonable doubt in their favour. 10. We are not in agreement with the argument of Mr. U.R. Lalit, Senior Advocate appearing on behalf of the appellants that all the witnesses being related to each other and interested in the success of the prosecution cannot be relied upon for holding the appellants guilty for the commission of the offence. For merely being relatives of the deceased or the injured is no ground to reject the testimony of the witnesses who are otherwise found to be trustworthy and reliable. In the instant case two courts have rightly found that the presence of prosecution witnesses being Pws 1, 2, 4, 5 and 7 on spot at the time of occurrence is established. Despite ignoring their exaggerated version, we feel that their testimony inspires confidence to hold the real culprits guilty for the commission of the crime. The whole of the case of the prosecution cannot be discarded and all the accused are not entitled to be acquitted. 11. There is no denial of the fact as it has been proved beyond any shadow of doubt that Jawahar Singh (A-2) and Upender Singh (A-3) had come on spot w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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