MADAN B.LOKUR, S.A.BOBDE
State of Rajasthan – Appellant
Versus
Daud Khan – Respondent
Based on the provided legal document, the following key points can be summarized:
The timing of FIR lodging is crucial; if the FIR is lodged without delay, delays in communication to the Magistrate are generally not material, and such delays can be explained by the prosecution if questioned (!) .
The issue of delay in communication or reporting in the FIR that is not raised before the trial court or High Court cannot be permitted to be raised before the Supreme Court (!) .
The ballistic evidence, including the FSL report, indicates that the bullet recovered from the victim could have been fired from the weapon recovered from the accused, and there is no conclusive evidence to disprove this link (!) (!) .
The absence of blackening of the skin, which might be expected in close-range gunfire, was explained by the clothing worn by the victim, and no evidence was provided to contradict the possibility that the shot was fired at close range (!) (!) .
The blood trail and the location of blood stains are explained by the victim's movement after being shot, and the medical evidence supports the possibility of the victim running a significant distance before collapsing (!) (!) .
Identification of the accused through dock identification is considered reliable, especially when witnesses are trustworthy and the identification is corroborated by other evidence, even in the absence of a test identification parade (!) (!) .
The overall collection of evidence, including eyewitness testimony, ballistic reports, and medical findings, collectively supports the conviction, with no substantial reason to doubt the credibility of the witnesses or the prosecution's case (!) .
The delays in FIR forwarding and communication, when not shown to cause prejudice, do not affect the integrity of the case or the evidence (!) (!) .
The court relies on the collective assessment of facts rather than isolated doubts, leading to the conclusion that the evidence sufficiently establishes the guilt of the accused (!) .
Both the conviction and the sentences imposed are upheld, and the appeals challenging these findings are dismissed (!) .
JUDGMENT
Madan B. Lokur, J.
1. These appeals are directed against the judgment and order dated 11th November, 2008 passed by the High Court of Judicature for Rajasthan at Jodhpur. Criminal Appeal No.126 of 2010 has been filed by the State of Rajasthan challenging the refusal of the High Court to uphold the conviction of Daud Khan for an offence punishable under Section 302 of the Indian Penal Code (for short the IPC). Criminal Appeal No. 351 of 2010 is filed by Daud Khan challenging his conviction for an offence punishable under the first part of Section 304 of the IPC.
2. The broad facts leading to the decision of the High Court are that on 19th June, 2004 at about 9.30 p.m. Nand Singh had gone to Bathra Telecom & Restaurant at Nimbahera, District Pratapgarh in Rajasthan. He was accompanied by his friends Nitin Sindhi (accused No.3) and Narendra Kumawat. While they were seated in the restaurant, Javed Beg (accused No.2) and Daud Khan (accused No.1) came there on a motor cycle. It appears that Javed Beg and Daud Khan had some grudge against Nand Singh concerning the result of a cricket match between India and Pakistan.
3. According to the prosecution, Javed Beg brandished a knife an
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