STATE OF PUNJAB Vs. SURESH

JUDGEMENT

(1.) THUMAN Ram injured stated to S.I./S.H.O. Ravinder Singh of Police Station, Sarabha Nagar, Ludhiana within the precincts of Christian Medical College Hospital, Ludhiana, at 3.45 a.m. on 12th October, 1983 :-

(2.) ON being charged with the commission of the offence under Section of the Indian Penal Code accused Suresh pleaded 'not guilty' thereto claimed to be tried. Vide its impugned judgment dated April 30, 1984 ld. trial Court acquitted the accused. Feeling aggrieved therefrom the of Punjab has filed Criminal Appeal No. 100-DBA of 1985 in this Act.

(3.) THE occurrence took place at 8.00 p.m. on October 11, 1983. First Information Report came to be recorded after 8 hours at 4.30 a.m. on October 12, 1983. Special report reached the llaqa Magistrate at 1.30 p.m. on October 14, 1983. In terms of the Supreme Court observations in Ishwar Singh v. State of Uttar Pradesh, AIR 1976 SC 2423 delay in dispatching the First Information Report to the Magistrate is a circumstance which provides a legitimate basis for suspecting that the First Information report was recorded much later than the stated date and hour affording sufficient time to the prosecution to introduce improvements and emblishments to set up a distorted version of the occurrence. In this particular there is no tangible explanation as to why the lodging of the First Information Report was delayed. Learned trial Court observed in para 9 of its judgment :-