Unexplained FIR Delay & Contradictory Evidence Fatal to Murder Conviction; Death Not Proved Homicidal: Chhattisgarh HC

Chhattisgarh High Court Acquits Family in Murder Case, Cites Unexplained FIR Delay and “Utterly Failed” Prosecution

BILASPUR, CHHATTISGARH – The High Court of Chhattisgarh has acquitted a family of eight, including a 65-year-old woman, who were serving life sentences for murder, citing fatal flaws in the prosecution's case, including a significant and unexplained delay in lodging the First Information Report (FIR) and major contradictions in witness testimonies.

A division bench of Justice Rajani Dubey and Justice Sachin Singh Rajput overturned the 2016 conviction by the Bilaspur Sessions Court, holding that the prosecution "utterly failed to prove this fact beyond reasonable doubt that whether the death was homicidal or suicidal."

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Case Background: A Dispute, A Death, and a Delayed Complaint

The case stems from a 2017 incident where the appellants, all members of the Lahre family, were accused of assaulting Malikram over a land-related monetary dispute. The prosecution alleged that during the assault, one of the appellants forcibly administered poison to Malikram, who later died during treatment.

The trial court, relying on the testimony of the deceased's son and other witnesses, convicted all eight family members under Sections 148 (Rioting with deadly weapon), 328 (Causing hurt by means of poison), and 302 (Murder), read with Section 149 (Unlawful assembly), of the Indian Penal Code, sentencing them to life imprisonment.

Appellants' Arguments: Contradictions and Possibility of Suicide

Before the High Court, the appellants argued that the trial court's judgment was flawed. Their counsel highlighted: -

Material Contradictions: Witness accounts of the incident's location varied, with some stating it happened at the deceased's house and others on the main village road. -

Lack of Injury: The post-mortem report did not show any external or internal injuries consistent with a forcible administration of poison. -

Sudden Fight: The incident was a sudden fight over a trivial matter, and the deceased was intoxicated at the time.

High Court's Scrutiny: Unraveling the Prosecution's Case

The High Court meticulously analyzed the evidence and found several gaping holes in the prosecution's narrative.

The Suspicious Delay in FIR

The Court found the delay in lodging the FIR to be a critical, unexplained lapse. -

The death occurred on December 3, 2017. - The police inquest was conducted the same day, with the deceased's son, Aman Kumar (PW-1), present as a witness. However, he made no allegations of assault or forced poisoning at that time. -

The Investigating Officer (IO) also visited the spot on the day of the death but did not record any complaint. -

The Dehati Nalisi (initial complaint) was only recorded on the evening of December 4, 2017, more than 24 hours after the death.

"It is very surprising that the complainant/son of the deceased (PW-1) did not get lodge FIR on the same day when accused persons administered poison on the mouth of his father and died." the court observed.

The bench cited Supreme Court precedents, including Kailash Gour vs. State of Assam , to emphasize that an unexplained delay can be fatal to the prosecution, as it allows for "embellishment" and "fabrications."

Contradictory and Unreliable Witness Testimonies

The Court noted stark inconsistencies among the prosecution witnesses. The deceased's son (PW-1) and wife (PW-2) gave conflicting versions of the events. Furthermore, the post-mortem report, while confirming death by organophosphorus poison, did not support the theory of homicide.

"Dr. N. Varun (PW-6) did not mention about any injury on the body of the deceased Malik Ram in mouth area and no injury suggests that mouth of Malik Ram was forcefully opened and then the poison was administered into his mouth," the judgment highlighted.

This lack of evidence for a struggle, combined with witness admissions that the deceased was angry and had consumed alcohol, lent credibility to the defense's suggestion that the death could have been a suicide following the quarrel.

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Final Verdict: Acquittal and Release

Concluding that the prosecution failed to establish its case, the High Court allowed the appeals and set aside the conviction and life sentence.

"Looking to the conduct of the son of the deceased (PW-1) and statement of Investigating Officer (PW-19)," the bench stated, "it is clear that the prosecution has utterly failed to prove this fact that the accused persons assaulted the deceased and forcefully administered poison to him, as such the finding recorded by the learned Trial Court is not sustainable."

The Court ordered the immediate release of the three appellants in jail and directed all eight acquitted individuals to furnish personal bonds in compliance with Section 481 of the Bharatiya Nagarik Suraksha Sanhita, 2023.