IMPORTANT POINT
In the facts of the case veracity of PW 1 to 4 for conviction of 6 appellants cannot be doubled although their testimony in relation to acquitted 3 accused was found not sufficient.

Headnote:(i) Indian Penal Code, 1860-Sections 302/149 and 148-Offences under-Nine persons tried, including 6 appellants-PW1 to PW4-Examined-Three acquitted as PW s evidence was not corroborated by medical evidence-Contention that on the evidence of save PW s appellants should not have been convicted-Whether sustainable? (No)-Whether PW s being interested witnesses, affects the prosecution case? (No)-Evidence of deceased being dragged and assaulted-No dragging injuries found whether falsifies prosecution case? (No).
       Held : In our view, it is not possible to accept the submission. The testimony of witnesses in relation to complicity of those accused persons has been doubted on the ground that their evidence in relation to them is not corroborated by medical evidence, which cannot be taken to be a ground while considering cases of the appellants against whom the evidence of the eyewitnesses has been found to be credible and corroborated by medical evidence as well as objective findings of the Investigating Officer. (Para 6)
       Learned counsel appearing on behalf of the appellants could not point out any infirmity in their evidence, excepting saying that they are partisan witnesses which alone, in our view, cannot be a ground to discard their sworn testimonies. According to us, the trial court was quite justified in observing that non-examination of the other witnesses by the prosecution would not be fatal to the prosecution case in view of the reasons enumerated by it and the High Court rightly did not consider this to be a ground against the prosecution. (Para 7)
       That the deceased Basari Sankararao was dragged for about 3 to 4 yards and it is a hard surface road. It can be seen from the evidence of PW.3 that it is a metal road. in such a case there is no possibility to form dragging marks or dragging injuries as deceased was dragged only to a maximum distance of 4 or 5 yards and when the person was dragged to such a distance, there may not be any injuries and therefore the contention raised on behalf of the accused that there are no injuries by dragging or otherwise do not render any assistance to their contention". In our opinion, the view taken by the trial court was reasonable one, as such the High Court was quite justified in not taking this to be a ground for doubting the truthfulness or otherwise of the prosecution case. (Para 8)
       (ii) Criminal Procedure Code, 1973-Section 157(1)-The expression forthwith -Whether means immediately or within a reasonable time and without any unreasonable delay? (The later)-Incident of 9.30 A.M.-Magistrate receiving intimation at 6 P.M.-Death of constables-Deputed constable first going to sight of occurrence then to Hospital and then to Magistrate-Whether there was inordinate delay? (No)-Case law referred-Non-presence of blood on recovered weapons not fatal-Appeal dismissed.
       Held : The expression forthwith used in Section 157(1) would undoubtedly mean within a reasonable time and without any unreasonable delay. In the case on hand, distance from the police station to Magistrate s court was about 20 to 25 Kms. PW.11 - Constable was entrusted with the first information report by the then Sub-inspector of Police for being made over to the Magistrate. In any view of the matter, even if Magistrate s court was close by and the first information report reached him within six hours from the time of its lodgment, in view of the increase in work load, we have no hesitation in saying that even in such a case it cannot be said that there was any delay at all in forwarding the first information report to the Magistrate. Thus, we do not find any substance in this submission as, according to us, the first information report was promptly despatched to the Magistrate and received by him without any delay whatsoever. A question that now arises is that where first information report is shown to have actually been recorded without delay and investigation started on its basis, if any delay is caused in sending the same to the Magistrate which the prosecution fails to explain by furnishing reasonable explanation, what would be its effect upon the prosecution case. In our view, ipso facto the same cannot be taken to be a ground for throwing out the prosecution case if the same is otherwise trustworthy upon appreciation of evidence which is found to be credible. However, if it is otherwise, an adverse inference may be drawn against the prosecution and the same may affect veracity of the prosecution case, more so when there are circumstances from which an inference can be drawn that there were chances of manipulation in the first information report by falsely roping in the accused persons after due deliberations. (Para 9)
       In view of the fact that the weapons were recovered from a pipe in which water was flowing, as such non-existence of blood thereon was quite natural. We do not find any infirmity in reasoning of the trial court on this score. In view of the foregoing discussion, we are of the opinion that the High Court has not committed any error in upholding convictions and sentences awarded against the appellants. Accordingly the appeal fails and the same is thus dismissed. (Paras 10, 11 and 12)

JUDGMENT

B.N. Agrawal, J.-The six appellants along with three other accused persons, namely, Ramineni Gopalarao, Ala China Subba Rao and Kallikonda Venkateswarlu were convicted by the trial court under Sections 302/149 and each of them was sentenced to undergo imprisonment for life and pay a fine of Rs. 500/-, in default to undergo simple imprisonment for a period of three months. They were further convicted under Section 148 of the Penal Code and each one of them was sentenced to undergo rigorous imprisonment for a period of one year. Appellant nos. 2 and 3, namely, Nallamekala Venkateswarlu and Gogasani Ramaiah, who were also charged under Section 506 of the Penal Code, were acquitted of the same. All the sentences were, however, ordered to run concurrently. On appeals being preferred before Andhra Pradesh High Court, convictions and sentences of the appellants have been confirmed whereas the three accused persons referred to above have been acquitted of the charges levelled against them.

2. Prosecution case, in short, is that the accused persons as well as members of the prosecution party were residents of village Kovelamudi within the district of Guntur and the deceased was also a resident of the same village. There were two groups in the village; one led by appellant No. 1 - Alla China Apparao and the deceased led the other. The deceased had worked as Sarpanch of the village for 7 years, but subsequently, appellant no. 1 became the Sarpanch. In the co-operative society elections the candidate supported by the deceased got elected. As a result of this, the accused bore grudge against the deceased. On 25.2.1993 at about 9.30 A.M. when the deceased was coming from his fields to the village on his bicycle along with PW.1 - Thota Venkateswara Rao, the informant, who was riding on the pillion seat, all the accused are alleged to have attacked the deceased near the house of one Dasari Ankamma. Appellant no. 1 is said to have hacked him on the right wrist and accused Ramineni Gopalarao speared on the back. After receiving injuries the deceased is alleged to have fallen down from the bicycle whereafter, other appellants, viz., Nallamakala Venkateswarlu, Gogasani Ramaiah, Sinka Venkataramiah, Gairiboyina Sivaramaiah and Thota Sivaiah besides accused Ala China Subba Rao and Kallikonda Venketeswarlu dragged the deceased to a nearby wall. Then appellant No.1 hacked the deceased on his head and appellant No. 1 hacked him on the left side of the neck with coconut cutting knives. Appellant nos. 3 to 6 hacked the deceased on his head and accused Ali China Subba Rao and Kallikonda Venkateswarlu speared on his back. The incident is said to have been witnessed by PWs.1 to 4 who raised alarm whereafter the accused persons took to their heels. Stating the aforesaid facts, a first information report was lodged by the informant at the police station on the same day at 12 Noon.

3. The police after registering the case took up investigation and on completion thereof submitted chargesheet against all the nine accused persons, including the appellants on receipt whereof, the learned Magistrate took cognizance and committed all of them to the Court of Sessions to face trial.

4. Defence of the accused persons was that they were innocent, falsely implicated in the case on hand and no occurrence much less the occurrence alleged had taken place.

5. During trial the prosecution examined 15 witnesses in all out of which PWs.1 to 4 are eyewitnesses to the alleged occurrence and the other witnesses are Dr. G. Veera Nagi Reddi, who held postmortem examination on the dead body of the deceased, and the Investigating Officer besides formal witnesses. Upon conclusion of the trial, the accused persons were convicted, as stated above, and on appeals being preferred convictions and sentences of the appellants have been confirmed by the High Court whereas 3 accused persons, as stated above, have been acquitted. Hence this appeal by special leave.

6. Shri Satyapal K

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2002 Supreme(SC) 1026

IMPORTANT POINTIn the facts of the case veracity of PW 1 to 4 for conviction of 6 appellants cannot be doubled although their testimony in relation to acquitted 3 accused was found not sufficient.

Cases Referred (7)

IMPORTANT POINT
In the facts of the case veracity of PW 1 to 4 for conviction of 6 appellants cannot be doubled although their testimony in relation to acquitted 3 accused was found not sufficient.