The importance of corroboration, the impact of delay in filing the F.I.R., and the need for a plausible explanation for the delay.

JUDGMENT :

V.G. BISHT, J.

1. This Criminal Appeal has been preferred by the Appellant -State against the judgment and order dated 27th March, 2000 passed by the learned 13th Addl. District Judge, Pune in Sessions Case No.130 of 1999 whereby the Respondent-accused has been acquitted of the charge under Section 307 of the Indian Penal Code (for short, “IPC”).

2. The prosecution case in brief is that, the informant and accused are from village Chimbali, Taluka Khed. According to prosecution, 15 days before the incident, accused had approached the informant and requested him to lend money as he was in need of moneys but the informant expressed his inability. However, again after two days, accused again approached and when the informant expressed his inability, it is alleged, the accused threatened that he would see him.

3. The prosecution contended that on 5th July, 1998 while informant was returning to his village after meeting his sister at Alandi and had reached the village, the accused and his two companions came from the side of Savata Mali Temple. It is alleged that the accused was armed with a sword and after abusing him, started assaulting him by means of sword while his two companions were exhorting him. When the informant raised his hands to ward-off blows, he sustained injuries on his both hands and fell down. According to prosecution, the informant’s wife, namely, Smt. Nanda and brother Suresh Jaid came running and seeing this accused and his companions fled away from the spot. According to prosecution, there were 5 to 6 injuries on the head and both the hands of the informant. The informant was rushed to Sasoon Hospital where he was treated.

4. It appears that the police recorded the statement of informant in Sasoon Hospital on the basis of which Chakan Police Station registered C.R.No. 85 of 1998 under Sections 307 and 506 read with 34 of the IPC. After necessary investigation, the accused came to be chargesheeted along with two unknown persons.

5. Accused abjured his guilt and pleaded false implication.

6. Smt.Deshmukh, learned APP, submitted that despite there being sufficient corroboration between the versions of informant and his wife and the fact that the injuries sustained by informant are duly established by the Medical Officer, the learned trial Court failed to appreciate the evidence properly and wrongly held that the guilt of the accused is not duly established. Similarly, according to learned APP, it was also wrongly held by the trial Court that there was unexplained delay in filing the First Information Report (for short, “F.I.R.”) since the statement of informant was recorded in the hospital itself by the concerned police official. There was no delay at all on the part of informant in filing the F.I.R. Therefore, on this count also the finding of the trial Court is erroneous. Since there is overwhelming evidence, the accused deserves to be convicted in accordance with law, argued learned APP.

7. Mr.Mhaispurkar, learned Counsel for the Respondent -accused, on the other hand, has supported the impugned judgment. Assailing the statement made by learned APP that the version of informant is duly corroborated by his wife, according to him, wife could not have been a witness inasmuch as admittedly she had not witnessed the alleged incident. The learned Counsel criticized the alleged discovery of weapon allegedly used in the offence as also the delay in filing the F.I.R. Thus on these counts as the prosecution was found wanting, the trial Court is justified in acquitting the accused, submitted learned Counsel.

8. We have carefully gone through the evidence of prosecution witnesses with the assistance of learned APP and learned Counsel for the accused.

9. PW-1 Vitthal Tukaram Jaid, informant, stated in his evidence (Exh.- 7) that accused is from his village. He was acquainted with him. 15 days prior to the incident, the accused had demanded Rs. 15,000/- from him as a hand-loan and he was not able to lend him money. Accused