Babu Poojari Vs. State of Karnataka
EmailAppeal: Criminal Appeal No. 389 of 1981
Petitioner: Babu Poojari
Respondent: State of Karnataka
Apeal: Criminal Appeal No. 389 of 1981
Judges: K. JAYACHANDRA REDDY & G.N.RAY, JJ.
Date of Judgment: Aug 11, 1992
Head Note:
CRIMINAL LAW
Code of Criminal Procedure, 1973 :
Section 160 – Name of the accused was mentioned in the Inquest Report prepared on the next day, though it was not mentioned in the F.I.R. – Eye-witnesses also did not know the name of the accused – Inclusion of name in the inquest report explained by the Inspector – Accused identified by eye-witnesses in the identification test parade – Held that accused was not falsely implicated.
Evidence
Inquest Report – It is not an evidence by itself.
FIR
FIR – Non-mention of the name of the accused n FIR – Eye- witnesses not knowing the accused – Accused identified in the identification test parade – Held that accused was not falsely implicated.
JUDGEMENT:
O R D E R
1. The sole appellant before us is convicted under section 302 IPC and sentenced to imprisonment for life. The prosecution case is that on 18.4.1978 at about 9 p.m. the accused entered the hotel of P.W.1 and made some ‘ghalata’. The deceased obviously asked him not to make ‘ghalata’ and a quarrel ensued. Thereupon, the accused, who was armed with a knife stabbed the deceased several times and the deceased raised hue and cry. P.W.1 witnessed the occurrence. P.Ws 2 and 3, who were also working in the hotel saw the occurrence. The information was sent to the police and P.W.1 gave a complaint on the basis of which the F.I.R was registered. The A.S.I. reached the scene of occurrence and found the deceased dead. An inquest was held and the dead body was sent for post-mortem. Doctor found seven incised wounds. The doctor opined that Injury No.2, an oblique incised wound in front of left shoulder passing through the anterior auxiliary wall to the arm pit was the fatal injury and was sufficient in the ordinary course of nature to cause death. The accused pleaded not guilty and set up a defence that he was falsely implicated because of the enmity at the instance of P.W. 17.
2. P.Ws 1 to 3 participated in identification parade and identified the accused as the assailant. This part of the evidence has been believed by both the Courts. We have also perused the evidence of P.Ws 1 to 3 and the record pertaining to the identification proceedings. We are satisfied that the three eye-witnesses, who have been believed by both the Courts below gave cogent evidence.
3. Learned counsel for the appellant, however, submits that in the F.I.R. it is mentioned that the name of assailant was not known, but his name is mentioned in the inquest report which was held next day at 10.30 a.m., and according to the learned counsel there is no explanation as to how the name of the accused could be mentioned when he was not even arrested by then and when P.Ws 1 to 3 did not know him previously. The inspector, who held the inquest has explained by saying that on the material gathered from the statements of some of the persons who were examined suspected that the accused was the person who was responsible and it was accordingly mentioned. It must be pointed that inquest report is not evidence by itself and at any rate, an explanation has been put forward in this regard. But the real question is whether P.Ws 1 to 3 , who were independent witnesses, had any reason to implicate the accused falsely. From the beginning their stand was that they did not know the accused.
4. However, the three eye-witnesses have identified the accused in the test identification parade and we do not find any infirmity or suspicious feature regarding their identification of the accused. Both the Courts below have in detailed judgments elaborately considered the evidence of these eye-witnesses and have given good reasons for accepting their evidence.
5. We see absolutely no merit in this appeal. The appeal is dismissed.
1. The sole appellant before us is convicted under section 302 IPC and sentenced to imprisonment for life. The prosecution case is that on 18.4.1978 at about 9 p.m. the accused entered the hotel of P.W.1 and made some ‘ghalata’. The deceased obviously asked him not to make ‘ghalata’ and a quarrel ensued. Thereupon, the accused, who was armed with a knife stabbed the deceased several times and the deceased raised hue and cry. P.W.1 witnessed the occurrence. P.Ws 2 and 3, who were also working in the hotel saw the occurrence. The information was sent to the police and P.W.1 gave a complaint on the basis of which the F.I.R was registered. The A.S.I. reached the scene of occurrence and found the deceased dead. An inquest was held and the dead body was sent for post-mortem. Doctor found seven incised wounds. The doctor opined that Injury No.2, an oblique incised wound in front of left shoulder passing through the anterior auxiliary wall to the arm pit was the fatal injury and was sufficient in the ordinary course of nature to cause death. The accused pleaded not guilty and set up a defence that he was falsely implicated because of the enmity at the instance of P.W. 17.
2. P.Ws 1 to 3 participated in identification parade and identified the accused as the assailant. This part of the evidence has been believed by both the Courts. We have also perused the evidence of P.Ws 1 to 3 and the record pertaining to the identification proceedings. We are satisfied that the three eye-witnesses, who have been believed by both the Courts below gave cogent evidence.
3. Learned counsel for the appellant, however, submits that in the F.I.R. it is mentioned that the name of assailant was not known, but his name is mentioned in the inquest report which was held next day at 10.30 a.m., and according to the learned counsel there is no explanation as to how the name of the accused could be mentioned when he was not even arrested by then and when P.Ws 1 to 3 did not know him previously. The inspector, who held the inquest has explained by saying that on the material gathered from the statements of some of the persons who were examined suspected that the accused was the person who was responsible and it was accordingly mentioned. It must be pointed that inquest report is not evidence by itself and at any rate, an explanation has been put forward in this regard. But the real question is whether P.Ws 1 to 3 , who were independent witnesses, had any reason to implicate the accused falsely. From the beginning their stand was that they did not know the accused.
4. However, the three eye-witnesses have identified the accused in the test identification parade and we do not find any infirmity or suspicious feature regarding their identification of the accused. Both the Courts below have in detailed judgments elaborately considered the evidence of these eye-witnesses and have given good reasons for accepting their evidence.
5. We see absolutely no merit in this appeal. The appeal is dismissed.
