Last week Allahabad High Court allowed a criminal appeal and set aside conviction order passed by court u/s 302 citing a delay of three hours twenty minutes in registering FIR.
The Bench ruled that the delay was unreasonable because the police were present, and the police carried the injured to the hospital, but the FIR was not lodged immediately. This suggests that either the incident was not witnessed or the identity of the assailants was not confirmed. The Court opined that guesswork delayed the FIR.
Background of the Case:
The prosecution stated that the accused entered the complainant’s house at two am, attacked the deceased with a hockey stick, and then shot him in the neck. It was further averred that her brothers were sleeping outside, and they woke up and tried to catch the appellants who were able to run away.
After that, the police arrived due to a gunshot and carried the injured to the hospital, where he succumbed at 5:20 AM, and thereafter, an FIR was registered.
The appellants argued that the complainant and her brothers did not witness the incident. They further argued that the brothers lived 14 km away from the incident and were called by the police; therefore, the FIR was registered at 3:20 AM.
Findings of the Court:
The Court observed that the complainant did not raise the alarm when the attack occurred, and the deceased did not call for help either from people present at the spot.
This suggests that the complainant and her brothers were present at the time of the incident. Police arranged a vehicle and took the injured to the hospital, and before that, he was lying on the ground, and the complaint was not registered even though the brothers were present at the police station.
The Court held that the instant case is a blind murder case and no one witnessed the incident, and the Fir was lodged based on suspicions and guesswork, and all the accused were implicated due to the previous enmity. The court acquitted all the accused.