The credibility of eyewitness testimony and the importance of timely registration of FIRs are crucial in criminal cases.

R.K. GAUBA, J.

1. Feeling aggrieved by the result of the Sessions case No. 49/2011 arising out of report submitted under Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.) on conclusion of investigation into FIR No. 130/2010 under Section 302 read with 34 of Indian Penal Code, 1860 (IPC) of police station New Usmanpur, the State (Government of NCT of Delhi) has submitted this petition under Section 378 Cr.P.C. seeking leave to appeal. The challenge brought through the petition at hand is to the correctness of the judgment 16.02.2015 of the Additional Sessions Judge, North East, Delhi whereby the respondent herein was acquitted of the charge of he, along with three others (including a juvenile) in furtherance of their common intention, having committed the murder of one Ramesh Kumar @ Dada at about 7/7:15 PM on 21.04.2010 in the area of Yamuna Khadar in the vicinity of Khajuri red light within the jurisdiction of police station New Usmanpur.

2. The delay of 54 days in filing as well as delay of two days in refiling is condoned and the petition of leave to appeal is taken up for consideration.

3. The learned Additional Public Prosecutor for the State at the time of making submissions has taken us through the trial court record in entirety. It reveals that the FIR was registered on 24.04.2010 on the basis of rukka (Ex.PW-1/B) sent by ASI Satya Pal (PW-2). The matter under inquiry with PW-2 till that stage had arisen out of DD No. 11A (Ex.PW-2/A) recorded in the police station at 10:40 AM on 22.04.2010. It appears from these documents that a dead body had been found lying in a wooded area close to power station in the vicinity of Khajuri red light. The information appears to have been received by the local police through Police Control Room (PCR) on an input seemingly given by some public person. The source of this input was never identified.

4. Be that as it may, the initial inquiry under the cover of DD No. 11 A included inspection of the place by the crime team, taking of the photographs of the dead body, and the area around, besides seizure of certain exhibits including a pair of footwear (chappal) vide memo (Ex.PW-2/C), sample of blood lying near the dead body and what is important the seizure of two pieces of glass bottle bearing blood stains vide memo (Ex.PW-2/D). No effort was made to lift finger prints from these glass pieces. It is, however, clear that glass bottle pieces were also used in the assault as some such pieces would be recovered from the neck wound during autopsy.

5. The dead body was in due course identified as that of Ramesh Kumar @ Dada by Mahesh Kumar (PW-3), brother of the deceased on 23.04.2010. It was taken to mortuary of GTB Hospital, Shahdara where it was subjected to post-mortem examination at 11:45 PM on 23.04.2010 by Dr. Arvind Kumar (PW-14). The autopsy report (Ex. PW-14/A) proved by him shows that the external examination of the dead body had revealed that the deceased had suffered as many as 19 ante-mortem injuries, all incised wounds over several parts of the body including in the neck and abdominal area. During the autopsy, PW-14 recovered glass particles (pieces) from the neck muscles which alongwith viscera were handed over to the Investigating Officer (IO).

6. The dead body had been discovered at 10:40 AM on 22.04.2010. The circumstances narrated in the police proceedings leave no room for doubt that it was clear, from the very word go, that it was a case of culpable homicide. Yet, the move for registration of the FIR was taken only on 24.04.2010. There is no explanation whatsoever submitted in any of the documents forming part of the charge-sheet or proceedings at the trial for the inordinate delay in compliance with the mandate of the provisions contained in Section 154 Cr.P.C. wherein the officer-in-charge of the police station was duty bound to register forthwith the information about this cognizable offence. We record our disapproval over the apathetic manner in which th