The court held that the delay in sending the First Information Report to the court, interpolation in the date of the written report, lack of corroboration of the disclosure of the assailants' names by the deceased, and the unreliable identification of the accused persons by eyewitnesses raised reasonable doubt about the genuineness of the prosecution case, leading to the acquittal of the appellants.

Nunumani Prasad Singh, J.

1. The eleven appellants and one Muzaffar Hussain were tried on the charge, under sections 302/149 of the Indian Penal Code, for the murder of Bilayat Ali. Muzaffar Hussain was, however, acquitted and the appellants were convicted and sentenced to R.I. for life.

2. Briefly stated, the prosecution case is that on 8.10.1973 at about 8 P.M. Bilayat Ali was returning to his home from Kolasi Mela along with his co-villagers Siddique Hussain, P.W.1, Muzaffar Hussain, P.W. 8 and Anisur Rahman, P.W.11. When they reached near a bridge the accused persons variously armed with lathi, Bhala appeared and surrounded them and started assaulting Bilayat Ali. When Siddique, Muzaffar and Anisur intervened they were threatened on which Muzaffar and Anisur fled towards the Meta while Siddique fled towards the village and went to the house of Bilayat Ali and narrated about the occurrence to his son Abdul Haque, P.W.2 who rushed to the place of occurrence along with his uncles Abid Ali, P.W.5, Rushtam Ali, P.W.7, other villagers and Siddique, P.W. 1. Meanwhile; Chaukidar Amrit Turi, P.W. 4 Dr. Aminuddin, P.W. 3 and Dafadar also arrived there. Dr. Aminuddin gave first aid to Bilayat Ali arid asked Abdul Haque to remove his father to the hospital. On a qurry by Dr. Aminuddin, Bilayat Ali disclosed the name of the assailants to him. While Bilayat Ali was being taken to the hospital he died on the way.

3. In the morning, Abdul Haque went to the Police station and submitted a written report (Ext.1) about the occurrence, on the basis of which First Information Report, Ext.4, was drawn up and police took up investigation of the case. After the charge sheet and cognizance, the case was committed to the court of sessions for trial.

4. The accused pleaded not guilty to the charges and claimed to be tried. The defence was that they are innocent and they had committed no offence.

5. Further, defence was that the deceased had illicit relation with the daughter of Ansu Lohar and he might have been done to death on that account. There was also alibi defence of appellant Ibrahim Biswas. The defence also adduced evidence of 2 D.Ws, out of whom D.W.1 proved the discharge certificate (Ext. A) of Ibrahim Biswas from Korha State Dispensary and entry dated 5.7.1973 (Ext. B) of out door register of Korha State Dispensary, D.W.2 brought. Out door register of Korha State Dispensary.

6. The prosecution examined in all 13 witnesses in support of the case. Out of whom P.W.4 Amrit Turi Chaukidar, has turned hostile. P.W.12 Amir Hussain is a witness on the inquest. P.W.2 Abdul Haque is informant. P.W.3 Dr. Aminuddin had given medical aid to the deceased Bilayat Ali and in whose presence the deceased had disclosed the name of the appellants. P.W. 5 Abid Ali, P.W. 7 Rushtam Ali are the brothers of the deceased. They went to the place of occurrence along with P.W.2 and other villagers and in their presence the deceased disclosed the name of the appellants. P.W. 9 Dr. A.K. Chaudhary held autopsy on the dead body of the deceased. P.W. 1 Siddique, P.W. 8 Muzaffar Hussain and P.W. 11 Anisur Rahman are eyewitnesses to the occurrence. They were returning to their home along with deceased at the time of occurrence. P.W.10 Radhey Shyam Prasad and P.W.13 Sukhdeo Das have investigated the case in part.

7. The learned counsel for the appellants contended that there was abnormal delay in lodging the First Information Report in this case. The First Information Report was also not sent to the court promptly. The First Information Report was received in, the court a week after the recording of the case. There is no explanation for the delay in sending the First Information Report to the Court. The delay in sending the First Information Report creates a suspicion as to the genuineness of the prosecution case. In support of his contention he placed reliance in the case of Ishwar Singh V/s. State of U.P.1 wherein the Supreme Court has held that extra-ordinary delay