Omission in FIR: Is It Fatal in Murder Cases?

2022 0 Supreme(All) 1202

F.I.R. of the case is also prompt. ... It has also been submitted that this is a big omission on the part of the Investigating Officer of the case and as such faulty investigation also diminishes the entire prosecution story. ... Brief facts of the case, as unfolded by the informant Ramesh Chandra Yadav son of Gajodhar Singh in the First Information Report (in short F.I.R#HL_EN....

2025 8 Supreme 36

The first and most glaring circumstance is the omission of the names of Nazim and Aftab in the FIR. ... If PW-1 and PW-2 genuinely believed that Nazim and Aftab were responsible, there is no plausible reason for their omission in the FIR. ... State of Madhya Pradesh , (1975) 3 SCC 815 has emphasised that when important facts are omitted in the FIR, such omissions are relevant under Secti....

2022 0 Supreme(All) 1352

From the testimonies of P.W.14, P.W.15 and P.W.16, the investigating officers of the case, we find no material lacuna or omission in the investigation of the case. ... The recovery of murder weapon knives at the pointing out of the appellants has been proved by the cogent evidence. It is a case of cold-blooded murder of a young chap and all the relevant evidence to reco....

2025 6 Supreme 403

This Court did not mean — as it had not to determine in that case — that a first information report which is not a confession cannot be used as an admission under Section 21 of the Evidence Act or as a relevant statement under any other provisions of that Act. ... While the conduct of an accused may be a relevant fact under Section 8 of the Act of 1872, it cannot, by itself, serve as the sole basis for conviction, especial....

2024 0 Supreme(Jhk) 135

For ready reference the relevant paragraphs of the aforesaid judgment are being quoted herein under: “5. In the case of a defective investigation the court has to be circumspect in evaluating the evidence. ... With due respect to the learned Additional Solicitor-General we are unable to agree with the interpretation given by him of the aforesaid case, the relevant portion of which may be extracted thus: “But in a #HL_START....

2023 4 Supreme 565

Learned counsel for the respondent also relied upon a decision of this Court in the case of Vahitha v. State of Tamil Nadu, 2023 SCC OnLine SC 174 . This case does not deal with the consequences of the omission made while questioning the accused under Section 313 of CrPC. ... In such a case, the Court proceeds on the footing that though a grave irregularity has occurred as regards compliance with Section 342, CrPC, the #H....

2024 0 Supreme(Cal) 774

This is a case of gruesome murder where the assailant husband showed on video call to a relative of the deceased how the victim was burning. This is clearly a case of murder. Neither was the mobile phone seized nor were relevant witnesses examined. Even the wearing apparels were not seized. ... I have heard the learned counsels for the parties and have perused the case diary. 6. First, i....

: The inside story of the JVP', Institute of Fundamental Studies, Sri Lanka).The famous Embilipitiya abduction and murder case, Dayananda Lokugalappaththi and eight others v. ... "it is pertinent to note that in the present case the defense counsel did not spotlight a vital omission, and no omission was marked. Under the circumstances there was no burden for the trial judge to peruse the statement....

2024 0 Supreme(Pat) 391

In this background, the relevant part of the observations in paragraph ‘12’ of the judgment in case of Mehraj Singh are quoted hereunder for a ready reference: – “FIR in a criminal case and particularly in a murder case is a vital and valuable piece of evidence for the purpose ... Even the heading of the case did not find mention in the inquest report. No explanation h....

2024 0 Supreme(Jhk) 1001

Learned counsel representing the appellant submits that the appellant has been falsely implicated in this case. He further submits that there is no mentioning about the appellant in the entire F.I.R. ... Facts of the case as delineated in the F.I.R. lodged at the instance of the informant namely Kamla Devi, Chowkidarin 6/2, are that during patrolling, she got information that a dead body of 35 years’ unknown lady is lyin....

2020 0 Supreme(Ker) 1015

It is relevant in this context to quote Jitender Kumar v. State of Haryana Sunil Kumar and Anr. v. State of Haryana AIR 2012 SC 2488] wherein while dealing with a murder trial and the scope of Section 157 Cr.P.C., it has been held that every omission in the FIR may not be so material so as to unexceptionally be fatal to the case of the prosecution. In this case, while PW1 was cross-examined and questioned with regard to the omission to state about the motorcycle and the fall,....

2017 0 Supreme(Bom) 1095

As referred supra, PW-5 complainant Soni, also did not state all these material facts to the police in her FIR (Exh.26). The alleged extra-judicial confession of accused to PW-5 Soni cannot be appreciated in favour of prosecution for adverse inference against the accused. The omission to state these vital circumstances in the FIR devastated the gravity of the prosecution case.

2017 0 Supreme(Bom) 24

As referred supra, PW-5 – complainant Soni, also did not state all these material facts to the police in her FIR (Exh. 26). The omission to state these vital circumstances in the FIR devastated the gravity of the prosecution case. The alleged extra-judicial confession of accused to PW-5 Soni cannot be appreciated in favour of prosecution for adverse inference against the accused.

2014 0 Supreme(Ori) 313

After all FIR is only an intimation to the law enforcing agencies/ police regarding happening of some crimes, for it to set out investigation for unearthing the accused and bringing the culprits to book. Snipping of the FIR, during course of the argument was for its omission to mention that it was Manoj who had informed informant/PW3 regarding the murders, but we find such snipping valueless and trivial as prosecution does not gain anything out of it nor does such an insignificant om....

2007 0 Supreme(MP) 17

In this backdrop the omission of non-mention of specific overt act causing stab injury to deceased by accused Ramkumar in the first Information Report was considered by the Supreme Court and held that the omission of important facts in the FIR would be relevant. 15 p. m. and the analogy was drawn by the Supreme Court that if the appellant ramkumar was the author of one of the injuries sustained by the deceased Harbinder singh and if his daughters had seen the appellant causin....