BHOPAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated 4th June '82, passed by the Sessions Judge, Pali, upholding the convictions and the sentences of the petitioners, awarded by the Judicial Magistrate Pali, vide his judgment dated 11th July '78. Vide its judgment, the trial court has found accused Girdhari Singh guilty u/ss. 148, 323, 325 and 452, IPC and sentenced him on each count as mentioned in its judgment. The other accused persons were found guilty u/ss. 148, 323 325/149 & 452 IPC, and each of them was sentenced on each count, as mentioned in the said judgment.

(2.) ON 8th June '68, a written report was submitted by one Visram father of Chunilal, at PS, Murdia, Signed by Chunilal, wherein, it was alleged that on 31st May '60, at 2-3 P. M. , all the accused persons armed with gun, Farsi axe and lathi, had come to their house, abused Chunilal, with a common object entered into the house and gave him beating. Thereafter, Chunilal was taken to the 'chohatta' of the village, where, all these persons again had inflicted injuries on his body. Hearing a hue and cry, his father Visram mother Mst. Kesi and other villagers arrived there. Moti, uncle of Chunilal was present when the latter was beaten up by those persons. The condition of Chunilal was serious So, he was taken to Government Hospital, Pali where he was admitted. Thereafter, he was taken to Jodhpur and was admitted to Jodhpur Hospital, where Chunilal got his medical treatment.

(3.) IN the case of Thulia Kali vs. State of Tamil Nadu (1), it was observed as under: "first information report in a criminal case is an extremely vital and valuable piece of evidence for the purpose of corroborating the oral evidence adduced at the trial. The importance of the report can hardly be overestimated from the stand point of the accused. The object of insisting upon prompt lodging of the report to the police in respect of commission of an offence is to obtain early information regarding the circumstances in which the crime was committed. The names of the actual culprits and the part played by them as well as the names of eye witnesses present at the scene of occurrence. Delay in lodging the first information report quite often results in afterthought. On account of delay, the report not only gets benefit of the advantage of spontaneity, danger creeps in of the introduction of coloured version, exaggerated account of concocted story as a result deliberation of and consultation, It is, therefore, essential that the delay in the of lodging the first information report should be satisfactorily explained. When an occurrence is not reported for more than 20 hours after the occurrence even though the police station is only two miles from the place of occurrence, it is unsafe to base conviction upon the evidence. "