Delay in lodging FIR, false testimony of witnesses, and injuries sustained by the accused can raise doubts about the guilt of the accused.

1. - Appellant Ram Karan has preferred this appeal against the judgment of Sessions Judge, Bhilwara, dated January 31, 1975 convicting and sentencing him to rigorous imprisonment for two years and a fine of Rs. 10/- in default of payment of which further R. I. for four months under section 147 IPC.

2. Briefly stated the facts are these. On the night intervening 13-9-1972 and 14-9-1972 in village Chhapari Devi Singh P.W. land his wife Suhagi P.W.8 were sleeping in their chowk. Suhagi felt a jerk that some body was plucking the gold 'bore' from her head. She was thus awakened. She raised an alarm and her husband Devi Singh got up and found one person plucking 'bore' from the head of his wife and another man running from the room. He chased them and caught one of them namely, Ramkaran. On the alarm P. W. 2 Bhagirath, P. W. 4 Chhiter, P. W. 5 Devi and P.W. 7 Balu also came there and saw that Devi Singh was holding Ramkaran. The further story with which we are not concerned is that Suja came on the boundary of the field of Balu. He apprehended Surja. Co-accused Gulaba came, and gave a few blows with an axe. Surja then escaped. It is also claimed that Devi Singh could recognise the other thief who was Surja.

3. The villagers including Devi Singh took Ramkaran to police station Banera and lodged verbal report of the incident. A case under section 459 and 380 I. P. C. was registered and the appellant was arrested. During the course of investigation no other incriminating circumstance against the appellant was found except the oral testimony of the witnesses.

4. The learned Sessions Judge acquitted two accused Gulaba and Surja for the offences under sections 326. 307, 458, 326, and 307/34 I. P. C. but convicted the appellant.

5. I have heard the learned counsel for the appellant and the learned Public Prosecutor.

6. It was argued by the learned counsel for the appellant that the police station was only 6 miles away from the village, yet the oral report was lodged at 5 p. m. in the evening. The witnesses were deposing falsely that they reached the police station in the morning because P.W. 9 Gulab Singh stated that the report was lodged to him at 5 p. m. This delay in lodging the F. I R. is fatal. The possibility cannot be ruled out that the appellant was detained by the villagers in the morning. They gave him a severe beating and thereafter to escape the liability of the act of beating lodged this F. I. R. The appellant was found with a radio and it was inconceivable that he entered the house of Devi Singh for committing a theft while having a radio with him. On the other hand the learned Public Prosecutor argued that in view of the clear and cogent evidence the delay in lodging the FIR was not of much importance. I have considered the rival contentions carefully. It could not be disputed that the villagers gave a severe beating to the appellant. P,W. 9 Gulab Singh stated that he arrested Ramkaran who was produced before him by the villagers. They also produced a radio belonging to Ramkaran. He found that Ramkaran was injured and, therefore, got him medically examined. Thus the fact of beating is established, I have gone through the testimony of various eye witnesses. This much can safely be said that none of them is a witness of absolute truth. P.W. 1 Devi Singh deposed that he recognise: the other person as Devilal. However, he did not so state in his police statement Ex. D. 1 and also in the F I.R, Thus it is obvious that he had falsely implicated Surja. As regards the FIR. he stated that he reached the police station at 8 or 9 a. m. and gave the report to B SH.O. Gulab Singh. He denied the suggestion that he got a report written by Mishrilal which was later on torn. The witness was examined in the committing court also where he admitted that one report was got written by the villagers and it was torn away. Thus it appears that initially some other report was written and it was torn away. P.W. 9 Gulab Singh definitely stated tha