Judgment :-

Madan B. Lokur, J.

1. The principal issues before us are whether a cryptic telephonic intimation given to the police can be described as a First Information Report for the purposes of Section 154 of the Criminal Procedure; whether the testimony of PW-7 Sanatan Sarkar and PW-8 Achintya Sarkar can be accepted for upholding the conviction of Surajit Sarkar (the appellant); whether Surajit Sarkar can be convicted of murder even though his co-accused have been acquitted and finally whether Surajit Sarkar did commit the murder of Gour Chandra Sarkar.

2. In our view, the first issue must be answered in the negative. We also hold that the testimony of PW-7 Sanatan Sarkar cannot be accepted, but we do accept the testimony of PW-8 Achintya Sarkar. We find no reason to hold that merely because those accused with Surajit Sarkar have been acquitted, he too must be acquitted of the charge against him. However, we find, on the testimony of PW-8 Achintya Sarkar, that Surajit Sarkar is liable to be punished not for the murder of Gour Chandra Sarkar but for culpable homicide not amounting to murder punishable under Section 304 of the Indian Penal Code.

The facts:

3. On 21st March 1995, S