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AIR 2024 SC (Cri) 1
::AIROnline 2023 SC 889
Supreme Court Of India
Hon'ble Judge(s):
Bela M. Trivedi,
Dipankar Datta
, JJ
(A) Penal Code (45 of 1860) , S.302— Criminal P.C. (2 of 1974) , S.154— Murder - Delay in lodging FIR - FIR was registered after delay of more than one year from the death of deceased - Record established that deceased was taken to the Hospital immediately with the history of alleged administration of poison and he subsequently expired on the same day - Post-mortem was carried out on the very next day and samples of viscera of deceased were sent for chemical examination - FSL report was provided after more than one year - Only when the FSL report was received, FIR was registered - Explanation offered by prosecution that FIR was not registered immediately as the cause of death was not clear and they had awaited the FSL report appears to be reasonable - No mala fide intention on the part of witnesses or Police to delay the registration of FIR - FIR being only a corroborative piece of evidence and not a substantive piece of evidence, mere delay in registering FIR cannot be fatal to the case of prosecution. (Para 17 18) (B) Penal Code (45 of 1860) , S.302— Evidence Act (1 of 1872) , S.45— Murder - Whether death was caused by poisoning - Version of prosecution witnesses that accused had mixed some herb in the liquor and made the dec....
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