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Head Note

Indian Penal Code,1860  - Section 304

Section 304 Part II - FIR - Delay in Lodging - Appeal against acquittal - Discrepancies in prosecution evidence - Prosecution proved the injuries sustained by the deceased but serious discrepancies arise from the depositions of the prosecution witnesses - Place of incident and the sequence of events not proved - Weapon recovered could not be linked to the incident and the recovery itself is not proved - Inordinate delay in lodging the FIR, which is in addition to the lack of genuineness of the FIR document itself - Possibility of subsequent material alterations cannot be ruled out - Defence examined one independent witness who deposed that the rod was in the hands of PW2 who accidentally struck the deceased while he intended the same on respondent No.1 - It appears from the chain of events and previous enmity between the parties that there occurred a scuffle which grew hot and led to an injury which resulted into the death - Held that it is not correct to impute the culpability on the accused when various inconsistencies occur in the evidences which are fatal to the case of the prosecution - No ground to interfere with the judgment passed by the High Court.

Topic(s)-FIR - Delay in Lodging - Acquittal upheld