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G.P.SINGH, N.C.DWIVEDI
State of M. P. – Appellant
Versus
Motiram – Respondent
On behalf of the respondents, it was contended that the statement of Dharmu was recorded on 25-6-1970 ; statement of Rajnibai was recorded on 26-06-1970; statement of Shivbegas was recorded on 4-7-1970. Thus the statements were delayed which throws doubt on the reliability of the prosecution evidence. This Court does not agree with this. The incident took place on 25-6-1970. On the same day there was a report (Ex. P-33) regarding the murder of Bhaklu and Ledwa. Investigating Officer, therefore, had to investigate the murder of three persons. The Investigating Officer had also to effect seizures, and to prepare memos, to effect inquest and to send the dead bodies for post-mortem examinations. All this must have taken time and therefore, the delay in recording the statements under section 162 of the Code of Criminal Procedure by few days will not make the evidence of the prosecution witnesses unreliable. Rajaram v. State of M.P., 1970 JLJ SN 23, Banbir and others v. State of Punjab, AIR 1973 SC 1409, relied on.
2. It was contended that the main prosecution witnesses are close relations of the deceased like Rajrani (P.W.8) wife, Dharmu (P.W.7) son and Shivbegas (P.W.5) fath
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