The mandatory registration of FIR upon receiving information of a cognizable offence and the importance of prompt lodging of the FIR in criminal cases.

ARUN KUMAR, J.

1. Heard learned counsel for the appellants and learned counsel for the State as well as learned counsel appearing on behalf of the informant.

2. All the four appeals, under Section 374(2) of the Criminal Procedure Code (hereinafter referred to as the ‘Code’), have been preferred by the abovenamed appellants against the judgment of conviction as well as order of sentence dated 08.05.2013 and 16.05.2013 respectively passed by Mr. Shailesh Sharan Shrivastav, Additional Sessions Judge-I, Bhojpur at Arrah in Sessions Trial Nos. 190 of 2010, 89 of 2010, 348 of 2009 and 280 of 2010 disposed of by the common judgment. As all the aforesaid appeals arise out of the common judgment and sentence, so these are being disposed of by this common judgment.

3. The prosecution case is based on the information given at 8:00 P.M. on 12.08.2008 by Dinesh Kumar (PW-8), the informant of the case. Fardbeyan was recorded near Kanhi Bridge. As per Fardbeyan, informant Dinesh Kumar (PW-8) along with his younger brother Dhanesh Sah and co-villager Talkeshwar Yadav on same day at 11:00 A.M. left village Bathani Tola of village Barki Kharaun for going to Sahar Block by the motorcycle of Talkeshwar Yadav and while started from Sahar Block at 5:00 P.M. in the evening for returning back to the village, they reached near Kanhi Bridge at around 5:40 P.M., all eight accused persons namely Pintu Singh, Ramapati Singh, Bela Singh, Manoj Singh, Rajo Singh, Anand Singh, Deepan Singh and Ram Vinay Singh, all co-villagers of the informant, suddenly turned up as they were lying in ambush and stopped the motorcycle and surrounded them and all were armed with pistols. Pintu Singh asked them to get down from the motorcycle and when they all get down then on the exhortation given by Bela Singh, Pintu Singh, Ramapati Singh and Bela himself fired at Talkeshwar from their pistols and Manoj Singh and Anand Singh shot at Dhanesh Sah, younger brother of the informant from close range. The informant ran away, the accused persons also opened fire upon him, but missed the target. While he was running away to his village then on the way he met Kapil Sah (PW-3), Balister Sah (PW-5) and Shiv Kumar Chaudhary (PW-11). They all reached to village and narrated the incident, thereafter came back to the place of occurrence with large number of villagers and found Dhanesh Sah and Talkeshwar Yadav lying dead in pool of blood and motorcycle was also found fallen by their side, then villagers informed the police. The motive, alleged for committing crime, is that in the last Panchayat Election, Talkeshwar Yadav and Dhanesh supported Phulwanti Kuer, one of the rival candidates for Mukhiya, who won the election defeating wife of Ramapati Singh, thereafter accused persons had threatened of dire consequences.

Rana Ranvijay Kumar, Investigating Officer (PW-15), S.H.O. of Sahar Police Station, reached at the place of occurrence after receiving information and recorded Fardbeyan of the informant (PW-8) and prepared inquest report thereafter registered FIR Sahar P.S. Case No. 59 of 2008 dated 12.08.2008 under Sections 147,148,149 and 302 of the Indian Penal Code and Section 27 of the Arms Act, against eight FIR named accused persons and proceeded with the investigation and on its conclusion, submitted charge sheet against all. The learned Magistrate, after taking cognizance of offence, committed the case to the court of Sessions and these appellants were put on trial and on its conclusion convicted by the trial court under Sections 302/149 of I.P.C. as well as under Sections 27 of the Arms Act and sentenced to undergo life imprisonment for committing offences under Sections 302/149 of I.P.C. with fine of Rs. 10,000/-each and in default of payment of fine will further undergo three years of rigorous imprisonment and to undergo seven years rigorous imprisonment under Section 27 of the Arms Act however, directed to run both the sentences concurrently. It was further directed to give 50