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Rajasthan High Court, Jaipur Bench
Honble SHIV KUMAR SHARMA & RAJENDRA PRASAD VYAS, JJ.
Mohd. Irshad @ Dilshad - Appellant
Versus
State of Rajasthan - Respondents
D.B. Criminal Appeal No. 620 of 2000
Decided On : October 25, 2004
It was the present accused who inflicted knife injury on the person of the deceased. It is no doubt true that in the written report which was lodged within two hours of the incident, Irshad was described as having caught hold of the deceased along with Ashfaq and Guddu and injury on the person of deceased was attributed to Dilshad but the informant in his statement at the trial deposed that at the time of drawing the report he was under the shock of occurrence. Even the exaggeration shown in the statement under section 161 Cr.P.C., in our opinion, do not fundamentally change the nature of the allegations levelled against the present accused since he was correctly identified in the Trial Court by all the eye witnesses as Irshad @ Dilshad. In the arrest memo also the present accused was described as Irshad @ Dilshad and motbirs of arrest memo identified the present accused at the trial as Irshad @ Dilshad. These Motbirs were not cross-examined on the aspect that Irshad and Dilshad were two different persons. Since the evidence of motbirs of arrest memo viz. Bashir Khan and Gopal Singh remained unchallenged we find ourselves unable to reject it. In regard to the contention of non-examination of Gani Bhai, the scribe of FIR, we find the same as devoid of merit. Since the scribe was not an eye witness no prejudice was caused to the accused and no adverse inference could be drawn against the prosecution due to non-examination of the scribe. The omission or misdescription of the details in the FIR which was recorded most promptly, within two hours of the occurrence, would not tell on the prosecution case or the statements of the eye witnesses with regard to the participation of the present accused in the crime. FIR is not an encyclopedia of the entire case and even not a substantive piece of evidence. It has value, no doubt, but only for the purpose of corroborating or contradicting the maker. (Vide Surjit Singh @ Gurmit Singh vs. State of Punjab (supra). Since no question was asked in the cross examination of the Investigating Officers on the aspect of delay in sending the FIR, we can not discard unchallenged testimony of the Investigating Officers. (Para 21)
(2). Put briefly the prosecution case is that the informant Mohd. Shafiq @ Babu (PW.6) submitted a written report at 7.00 PM of February 28, 1996 at the Police Station Ramganj, Jaipur with the averments that around 5 PM on the said day when he was standing near Nagina Mandi, Irshad, Ashfaq and Guddu suddenly caught hold of Siraj (now deceased) and Dilshad inflicted blow on the left armpit of Siraj. The police station Ramganj Jaipur registered a case for the offences under sections 307, 341 and 34 IPC and investigation commenced. Injury sustained by Siraj got examined, which was described in the injury report (Ex.P-10) as under:-
``Stab Incised wound of size 3 x 1cm x depth? Placed at Lt. side lower part of chest at Ant. Axillary line. The wound margins are regular and clean cut well defined with fresh bleeding.
Since Siraj succumbed to the said injury the case was converted under Section 302 IPC. Post Mortem on the dead body was performed vide Post Mortem Report (Ex.P-13), according to which deceased sustained following ante mortem injuries:-
``(1) Stitched wound of size 28cm with 25 stitches over Rt. Para medial place of front of abdomen.
(2) Stitched wound of size 24 cm with stitch over left side front of chest, 3cm below nipple from mid stemal line to left inter part of Axilla.
(3) Stitched wound of size 3, 3/4cm over left side lower part of chest laterally in 8th (Eighth) Inter Costal Space.
(4) Stitched wound of size 2cm with dranage tube in left 7th (Seventh) Inter Costal Space aid thoresic cavity deep.
On dissection:
The stitched wound over abdomen has 25 stitches with tensear sukurs aid underneath muscles are also found stitched peritoneal is found stitched and peritoneal cavity containing about 300cc haemorrhagic fluid. Further examination shows there is stitching in area 5cm obliquely left done of diaphagne with tissue staining is present.
On dissection of chest:
The stitched wound injury No. 2 is injurious part of chest to left Axilla in 6th Inter Costal space and further exploration shows there is Inter Costal muscles are found partial stitches at place in 6th Inter Costal space and stitched wound of size 2cm with dranage tube is lying in 7th Inter Costal space with one stitched aid b/o thorasic cavity deep (Probably done surgically). On further exploration of injury No. 3 which is in 8th Inter Costal space externally. There is Incised wound of size 3cm x 1cm x though and though Inter Costal muscles and plura in 8th Inter Costal area margins are clear cut regular well defined. Further wound reached upto left lung lower lobe antuid laterally where the wound is stitched of size 5cm long with haematoma formation wound cut. There is about 300cc of the blood is present in left plura cavity. The lower side of 7th rib underneath wound is found cut in area of 1/2 x 1/4cm x though and though with tissue staining and haematoma formation around it are muscular haematoma present in Inter Costal area underneath.
The cause of death was shock and haemorrhage brought about as the result of injuries to vital organs. The injury was sufficient to cause death in the ordinary course of nature.
(3). On completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Special Judge (Sati Nivaran) and Additional Sessions Judge, Jaipur City, Jaipur. Charge under Sections 302 and 341 IPC was framed against the accused, who denied the charge and claimed trial. The prosecution in support of its case examined as may as 20 witnesses. In the exp
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