“12. FIR in a criminal case and particularly in a
murder case is a vital and valuable piece of evidence
for the purpose of appreciating the evidence led at the
trial. The object of insisting upon prompt lodging of
the FIR is to obtain the earliest information regarding
the circumstance in which the crime was committed,
including the names of the actual culprits and the
parts played by them, the weapons, if any, used, as
also the names of the eye witnesses, if any. Delay in
lodging the FIR often results in embellishment, which
is a creature of an after thought. On account of delay,
the FIR not only gets bereft of the advantage of
spontaneity, danger also creeps in of the introduction
of a coloured version or exaggerated story. With a view
to determine whether the FIR, was lodged at the time it
is alleged to have been recorded, the courts generally
look for certain external checks. One of the checks is
the receipt of the copy of the FIR, called a special
report in a murder case, by the local Magistrate. If this
report is received by the Magistrate late it can give rise
to an inference that the FIR was not lodged at the time
it is alleged to have been recorded, unless, of course
the prosecution can offer a satisfactory explanation for
the delay in despatching or receipt of the copy of the
FIR by the local Magistrate. Prosecution has led no
evidence at all in this behalf. The second external
check equally important is the sending of the copy of
the FIR along with the dead body and its reference in
the inquest report. Even though the inquest report,
prepared under Section 174 Cr. P.C., is aimed at
serving a statutory function, to lend credence to the
prosecution case, the details of the FIR and the gist of
statements recorded during inquest proceedings get
reflected in the report. The absence of those details is
indicative of the fact that the prosecution story was
still in embryo state and had not been given any shape
and that the FIR came to be recorded later on after
due deliberations and consultations and was then ante
timed to give it the colour of a promptly lodged FIR. In
our opinion, on account of the infirmities as noticed
above, the FIR has lost its value and authenticity and
it appears to us that the same has been ante timed
and had not been recorded till the inquest proceedings
were over at the spot by PW8.”
28
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