Case Note & Summary
The Supreme Court allowed the appeals and set aside the conviction and sentence of the appellants. The case arose from an incident on 08.07.2008 where the deceased, was allegedly attacked by 16 persons with deadly weapons, resulting in his death. The prosecution examined 18 witnesses, including five eyewitnesses (PW2, PW7, PW13, PW14, PW15), who were close relatives of the deceased. The trial court convicted 12 accused under Sections 147, 341, 326, 307, 323 and 302 read with Section 149 IPC, and the High Court upheld the conviction except for one accused. The Supreme Court found that the investigation was scripted: the FIR was registered three days after the incident, the GD entry relied upon by the High Court as the FIR was not supported by examination of the informant or the recording officer, and the investigating officer (PW18) did not corroborate the presence of eyewitnesses at the spot or the recording of their statements. The Court noted that the eyewitnesses were not examined under Section 161 Cr.P.C. immediately, and their Section 164 statements were recorded belatedly. The injured witness PW14's testimony was inconsistent with the investigating officer's deposition. The Court held that the prosecution failed to prove the guilt beyond reasonable doubt, and the conviction was based on a scripted investigation. The appeals were allowed, and the appellants were acquitted.
Headnote
A) Criminal Procedure Code - First Information Report - GD Entry as FIR - A GD entry cannot be treated as the first information report unless the informant and the officer recording the entry are examined; the High Court erred in treating the GD entry as FIR without such examination (Paras 8, 11). B) Indian Penal Code, 1860 - Sections 147, 341, 326, 307, 323, 302 read with Section 149 - Unlawful Assembly and Murder - Scripted Investigation - An inept investigation or a scripted enquiry is fatal to criminal prosecution; the latter has lethal consequences when innocent persons may be crucified (Para 1). C) Criminal Procedure Code, 1973 - Section 161 and 162 - Statements of Witnesses - Delay in Recording - The failure to record statements under Section 161 Cr.P.C. immediately and the belated recording under Section 164 Cr.P.C. casts doubt on the prosecution case (Paras 2, 13). D) Indian Evidence Act, 1872 - Section 3 - Eyewitness Testimony - Credibility - Eyewitnesses who are close relatives of the deceased and whose presence at the spot is not corroborated by the investigating officer cannot be relied upon (Paras 10, 12). E) Indian Penal Code, 1860 - Section 302 - Murder - Homicidal Death - The homicidal nature of death was established by post-mortem report, but the conviction failed due to lack of reliable evidence linking the accused to the crime (Paras 7, 14).
Issue of Consideration
Whether the conviction of the appellants under Sections 147, 341, 326, 307, 323 and 302 read with Section 149 IPC is sustainable when the investigation was scripted and the eyewitnesses were unreliable?
Final Decision
The Supreme Court allowed the appeals, set aside the conviction and sentence of the appellants, and acquitted them of all charges. The Court held that the investigation was scripted and the prosecution failed to prove guilt beyond reasonable doubt.
Law Points
- Scripted investigation is fatal to criminal prosecution
- GD entry cannot be treated as FIR without examining informant and recording officer
- delay in FIR registration raises suspicion
- eyewitness testimony must be corroborated by investigating officer
- injured witness testimony must be consistent with medical evidence and investigation records
