The delay in lodging the FIR and the concealment of the previous FIR by the prosecution were fatal to the case, leading to the acquittal of the appellants.

Heard learned senior counsel for the appellants and the learned counsel for the State.

2. The appellants are aggrieved by the impugned Judgment of conviction and Order of sentence dated 17.09.1996, passed by the learned Judicial Commissioner, Ranchi, in S.T. No. 449 of 1992, whereby, the appellants have been found guilty and convicted for the offence under Section 304 Part-I of the Indian Penal Code. Upon hearing on the point of sentence, the appellants have been sentenced to undergo R.I for life for the said offence.

3. The prosecution case was instituted on the basis of the fardbeyan of the informant Anarwa Devi, the wife of the deceased Radha Chouhan, recorded on 3.4.1992 at Churi Siding, P.S Khelari, District Ranchi, wherein she has stated that on 5.3.1992, the accused Suresh Chouhan called her husband in the evening at about 7:45 P.M., and it is alleged that when the her husband went out with him, both the accused persons, namely, Rajeshwar Chouhan and Suresh Chouhan, assaulted her husband by lathi on his head and other parts of the body, causing bleeding injuries on him. It is also stated in the fardbeyan that the occurrence was witnessed by Brijlal Chouhan, Ram Keshar Chouhan and other persons. It is stated in the fardbeyan that thereafter on 7.3.1992, her husband was admitted in the hospital from where he was referred to R.M.C.H. Ranchi, on 18.3.1992, where he died on 19.3.1992 in course of treatment. It is stated that the occurrence had taken place due to previous enmity with the accused persons. The fardbeyan was given by the informant on 3.4.1992, and as to the cause for this delay, it is stated that the delay was caused due to performing the last rites of her husband. On the basis of the fardbeyan, Khelari P.S Case No. 42 of 1992, corresponding to G.R No.1562 of 1992, was instituted for the offence under Sections 304 of the Indian Penal Code, against both the accused persons, and investigation was taken up. After investigation, the police submitted the charge-sheet in the case.

4. After commitment of the case to the Court of Session, charge was framed against both the accused persons for the offence under Section 304 Part-1, of the Indian Penal Code, and upon the accused persons' pleading not guilty and claiming to be tried, they were put to trial. In course of trial, prosecution has examined seven witnesses, including the Doctor, who had conducted the post-mortem examination on the dead body of the deceased. The I.O. has not been examined in this case and accordingly, the fardbeyan and the formal FIR have been proved by a formal witness P.W.-7 Bhola Das, which were marked Exhibits-2 and 3 respectively. Out of the material witnesses examined, P.W.-1 Braj Lal Chouhan and P.W.-2 Ram Keshar Chouhan, who were said to be the eye witnesses to the occurrence, have turned hostile and have not supported the prosecution case at all.

5. The prosecution case is supported by P.W.-3 Fulkeshri Devi and the informant P.W.-5 Anarwa Devi, who are the daughter and the wife respectively of the deceased, as eye witnesses to the occurrence, wherein they have stated that they had seen both the accused persons assaulting the deceased by iron rod. P.W.-4 Mukhlal Choudhary has supported the case only as a hearsay witness, as informed to him by P.W.-3 Fulkeshri Devi and P.W.-5 Anarwa Devi.

6. P.W.-6 Dr. Niranjan Minz, had conducted the post-mortem examination on the dead body of the deceased on 20.3.1992, and had found three ante-mortem stitched wounds on the dead body of the deceased, on the head, caused by hard and blunt substance. The Doctor has stated that the death was caused due to head injuries. He has identified the post-mortem report to be in his pen and signature, which was marked as Exhibit-1.

7. Learned senior counsel for the appellant has taken a short point and submitted that there was an inordinate delay in lodging the FIR, inasmuch as, the occurrence had taken place on 5.3.1992 and the deceased died due to the alleged inj