Holding

The Supreme Court held that the delayed FIR and lack of overt acts, coupled with unreliable eyewitness testimony, rendered the convictions unsafe and therefore set them aside.

Summary

The case arose from the murder of Shivaji Patil and Baburao Patil in a village where two rival groups were at loggerheads. The FIR was lodged at the spot four days after the incident, and the copy reached the magistrate after an unexplained delay, raising questions about its validity. The trial court convicted several accused based largely on the testimony of two eye‑witnesses and the alleged motive of revenge, while the other accused were not named in the FIR and no overt act was attributed to them. On appeal, the Supreme Court examined whether a delayed or second FIR could be treated as the operative FIR, whether the delay violated s.157 CrPC, and whether motive alone could sustain a conviction. Finding that the FIR delay was fatal to the prosecution, that motive without overt act is insufficient, and that the eyewitness testimony was unreliable, the Court set aside the convictions and allowed the appeals.

Issues considered

Can a delayed or second FIR be treated as the operative FIR for a murder case?
Does a four‑day delay in sending the FIR to the magistrate contravene s.157 of the CrPC and vitiate the prosecution case?
Is proof of motive alone sufficient to convict accused in a murder case?
Can accused whose names do not appear in the FIR and whose overt acts are not established be convicted?
Are the testimonies of chance witnesses reliable enough to support a conviction?

Legislation cited

Code of Criminal Procedures. 154, s. 157, s. 161, s. 164
Indian Penal Code, 1860s. 302

Subjects

FIRdelaymotiveeyewitness testimonymurderenmitycriminal procedureconvictionappellate review

Judgment

4 RAMESH BABURAO DEVASKAR AND ORS. A
V.
STATE OF MAHARASHTRA

OCTOBER 12, 2007
B
[S.B. SINHA AND HARJIT SINGH BEDI, JJ.}
...
Penal Code, 1860:
'1
s.302-Enmity between two groups-Murder of two persons-
FIR lodged at the spot by informant on the basis ofstatement made
c
by alleged eyewitness-Copy ofFIR sent to Magistrate after 4 days~
Delay unexplained-Conviction based on statement of witnesses~
Challenged-Held: Proofofmotive itselfnot a ground to hold accused
guilty-Existence of motive may also lead to false implication-No
D
overt act attributed to other accused except accused no.9-Their
>---
names did not appear in FIR-Even alleged eyewitnesses did not
attribute any overt act on their part-Conviction set aside.
_,,.
Code ofCriminal Procedure, 1973:
E
s.154-Delay of 4 days in sending FIR to the court of
Magistrate-Held: Fatal to prosecution case.
Prosecution case was that there was enmity between the two
groups, one belonging to PW-13 and the other to the accused No. 4.
On the fateful day at 10 O'clock,PW-11 and PW-12 were going in a F
--1 cart. Deceased 'S' and 'B' who were on a motorcycle overtook them.
"t
Accused persons 11 in number were waiting for them near the place
of occurrence. They surrounded 'S' and 'B'. Accused No. 9 exhorted
others to assault but he himself inflicted vital injuries upon 'S'. 'B'
intervened. He was also threatened. He started running away from G
the scene of occurrence. He was chased. PWs 11 and 12 seeing them
chasing 'B' hid themselves nearby in a sugarcane field.' B' was found
murdered in front of the house of PW-14. Brother of the deceased
(PW-9) who was also coming back from his village along with others
197 H
t
198 SUPREME COURT REPORTS [2007] 11 S.C.R.

A found his brother murdered. PW-11 informed him about the details
of the incident. He came to his house and informed his sister-in-law.
She in turn asked PW-10 to inform about the incident to the first
informant PW-13. PW-13 reached the police station at about 12.30
p.m. He allegedly did not furnish the details of the incident. He only
B named Accused No. 9. He disclosed to PW-16 that murders of 'S'
and 'B' have been committed. He was asked to furnish details of
the incident, which he did not do. He asked PW-16 (1.0.) to come to r-
the place of occurrence. An entry of the said information was made
in the station diary. PW-16 came to the place of occurrence with PW- r
c 13. The details of incident were narrated to PW-9 by one of the
alleged eye-witness, viz., PW-11, on the basis whereof the First
Information Report was lodged at the spot.
The First Information Report was lodged at about 2.15 p.m.
wherein, nine persons were named as accused. It, however, reached
D the Court of the Magistrate only after 4 days. Before the Sessions
Judge, a large number of witnesses were examined. PWs 11 and 12
were eye-witnesses. Relying on their testimonies and of other
witnesses, the Sessions Judge convicted Accused Nos. 1, 2, 3, 5, 6,
7, 9 an.d 11 and acquitted Accused Nos. 4, 8 and .10. High Court
E dismissed all the appeals. Hence these appeals.
Allowing the appeals, the Court
HELD: 1.1. PW-13 met the investigating officer at the police
station. He informed him about the incident. However, he did not
F disclose the details. A First Information Report although need not
be encyclopedic, but in this case PW-9 did not say that he was not
aware of the details. He named Accused No. 9. He disclosed about
the murder of his brother. The alleged eye witnesses had disclosed
all the details about the incident to all whom they had met including
G another brother of the deceased viz. 'B'. Why he did not lodge the
first information report has not been disclosed.
(Para 10] (206-G-H; 207-A]
1.2. Strangely enough, the First Information Report was
H recorded at the spot. Panchnamas were also held immediately
RAMESHBABURAODEVASKARv. STATE 199

,,!-
thereafter. Inquest Panchnamas were taken. In the inquest report, A
again Accused No. 9 was named. In the inquest Panchnama, it was
stated that the Panchas felt that the deceased was attacked by some
unknown assailants with sharp edged weapons and have stabbed and
seriously injured him due to which he might have died. Why it was
recorded like that is a mystery. In the First Information Report, PW- 13
11 was named as the only eye-witness to the occurrence. So far as
-! PW-12 is concerned, he evidently was a chance witness. His name
was not disclosed in the First Information Report.
"I (Para 10] (207-B-D]

2. Lodging of a First Information Report is necessary for setting c
the criminal law in motion. It can be lodged by anybody. It, however,
should not be too sketchy so as to make initiation of investigation
on the basis thereof impossible. Only information in regard to
commission of an offcnce may not for all intent and purport satisfy
the requirement of the First Information Report. When, however, D
the First Information Repo11 is lodged by a person who claims himself
}-
to be aware of not only the commission of the offence, the name of
the deceased and at least one of the accused who had committed
/ the same, the First Information Report could have been recorded
on the basis thereof. [Para 11) (207-E-F] E
Om Prakash alias Raja v. State of Uttaranchal, (2003) 1 SCC
648, relied on.

Mundrika Mahto and Ors. v. State of Bihar, (2002] 9 SCC 183,
referred to. F

3. PW-13 had given his version to other prosecution witnesses,
as a result whereof all the details were known to them. The same
s~ould have been the basis for lodging a First Information Report.
In response to the query by the investigating officer, PW-10 did not G
say that he was not aware thereof. For one reason or the other, he
did not do it. He asked him to go to the place of occurrence. Although
anxiety on his part to take the police officer to the place of
occurrence with a view to apprise him about the incident is
appreciable, what is not is his refusal to disclose the details thereof.
H
200 SUPREME COURT REPORTS [2007] 11 S.C.R.

A He did not say that he was not aware thereof. [Para 13) [209-A-C)
4. First Information Report cannot be lodged in a murder case
after the inquest has been held. The First Information Report has
been lodged on the basis of the statements made by PW-11 to the·
informant himself at the spot. If the said prosecution witness who
B claimed himself to be the eye-witness was the person who could
lodge a First Information Report, there was absolutely no reason
as to why he himself did not become the first informant. All
information given by him to PW-13 was made before the
Investigating Officer himself. What prevented him from lodging the
C First Information Report is beyond comprehension. PW-11,
categorically stated that he had disclosed the details of information
to all concerned. Therefore, it is expected that the first informant 'j:--
was informed thereabout. The information given by PW-13 had at )

least been recorded by the police in the Crime Register and he
D categorically stated a few facts, viz., the main accused, Accused No.
9 committed murder of his brother 'S' and one 'B'. Even the place
where the murder took place was known to him. The detailed report
in regard to the nature of injuries as also the place where the injuries
were inflicted was known to him as inquest report had already been
E prepared. All other witnesses including the Pan ch witnesses must
have been present there. If despite ~e same, according to Panch
Witnesses, at least in respect of 'B', unknown persons are said to
be his assailants, it is evident that PW-11 did not disclose the names
of the assailants; at least all of them before PW-9 as also the
F Investigating Officer. [Para 14] (209-D-H; 210-A-B)
5. In a case of this nature, enmity between two groups is
accepted. In such situation where the First Information Report was
ante-timed or not also requires serious consideration. First
Information Report, in a case of this nature, provides fora valuable
G piece of evidence although it may not be a substantial evidence. The
reason for insisting on lodging of First Information Report without
undue delay is to obtain the earlier information in regard to the
circumstances in which the crime had been committed, the name of
the accused, the parts played by them, the weapons which had been
H
+
RAMESHBABURAODEVASKARv. STATE 201

used as also the names of eye-witnesses. Where the parties are at A
loggerheads and there had been instances which resulted in death
of one or the other, lodging of a First Information Report is always
considered to be vital. [Para 15] [210-C-DJ
6. The Code of Criminal Procedure provides for certain internal
B
and external checks; one of them being the receipt of a copy of the
4
First Information Report by the Magistrate concerned. It is not in
dispute that the copy of the First Information Report was received
-{ by the Magistrate four days later. No explanation has been offered
therefor. S.157 of the Cr.P.C. mandates that the First Information
Report should be sent to the nearest Magistrate within a period of c
24 hours. The occurrence took place near the District Headquarters.
There cannot be any reason whatsoever as to why the First
Information Report was sent after four days. [Para 16] [210-E-G]
Jagdish Murav v. State of UP. & Ors., (2006) 8 SCALE 433, D
relied on.
)'
State of Rajasthan v. Teja Singh and Ors., [2001] 3 SCC 147,
referred to.
/
7. The presence of PWs 11 and 12 at or near the place of E
occurrence was possible. The deceased 'S' and 'B' allegedly were
coming in a motor cycle. They crossed him but then, according to
them, the incident took place at a distance of 100 ft. However, when
the actual assault by Accused No. 9 took place by infliction of blow
of an axe, the distance was reduced to 50 feet. No overt act was F
attributed to anybody else. According to him, 'B' then started
-\
. .., running. All the assailants followed. He jumped out of the bullock-
cart and ran towards the sugarcane only after the assailants crossed
his bullock-cart. He did not and could not see the actual assault on
'B'. The investigating officer recorded his statement partly upto 6.30 G
p.m. He was asked to come to the police station on the next day and
his remaining statement was recorded in the Police Station. His
statement was recorded only after the bodies were sent for post
mortem. He went to the police station at 9 p.m. and was there about
half an hour. He got his statement under S.164 of the Cr.P.C. but he
H
202 SUPREME COURT REPORTS [2007] 11 S.C.R.

A could not remember thereabout. When, however, accosted therewith,
he said that he had made statement before the Sub-Judicial
Magistrate on 11.11.1983. He made a lot of improvements in his
statement. [Paras 18, 19 and 20] [211-D-H; 212-A]
B 8. So far as 'B' is concerned, in the inquest panchnama,
statements of panch witnesses had been recorded to the effect that
unknown assailants had killed him. It may be true that the
prosecution would be bound thereby. The dead body of 'B' was found
near the house of PW-14. PW-14turned hostile.
[Para21] (212-B]
c
9. Proof of motive by itself may not be a ground to hold the
accused guilty. Enmity, as is well-known, is a double edged weapon.
Whereas existence of a motive on the part of an accused may be
held to be the reason for committing crime, the same may also lead
D to false implication. Suspicion against the accused on the basis of
their motive to commit the crime cannot by itselflead to a judgment
of conviction. [Para 22] [212-C-D]
10. The other accused persons did riot share the common object
with Accused No. 9. Their names did not appear in the First
E Information Report. Even PWs 11 and 12 did not attribute any overt
act on their part. (Para 23] [212-E]
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal Nos.
844-846 of 2005.
F From the Judgment and final Order dated 22.03.2004 of the High
Court of Judicature at Bombay in Criminal Appeal Nos. 48, 65 & 114
of 1996.
WITH
G Crl Appeal Nos. 837, 843 & 847of2005.
R. Sundravardhan and M. S. Nargolkar, S.M. Jadhav, Sunil Kumar
Venna, Himanshu Gupta, Brij Kishor Sah, Rahul Joshi, Dr. Rajeev B. \
Masodkar, Rukmini Bobde, Anil K. Jha and D.M. Nargolkar for the
H Appellants.
+
RAMESH BABURAO DEVASKAR v. STATE [SINHA, J.] 203
j
Sushil Karanjkar, Ravindra Keshavrao Adsure and V.N. Raghupathy A
for the Respondent.
The Judgment of the Court was delivered by
S.B. SINHA, J. 1. Shivaji Patil, brother of the complainant -
Sarjerao Patil (PW-13) and one Baburao Patil were residents of B
Phulewadi situate in the District Kolhapur, State of Maharashtra.
~

There were two groups in the village; one belonging to Sarjerao Patil
'1 and the other known as Mahipati Shankarrao Bondre (Accused No. 4)
group. Brother of the Accused No. 4 was an M.L.A. He was also a
former Minister. In a municipal election which took place between the c
first informant and one Nagoji Patil, Sarjerao Patil was elected. Bitterness
between the two groups came to such a pass that the brother of o'ne
Bindu More (Accused No. 9) was murdered. Accused No. 4 Mahipati
Shankarra:o Bondre was the first informant in that case. There was bad
blood between the two groups. In the murder case of the brother of D
~ Accused No. 9, the deceased Shivaji was granted bail. The accused
allegedly intended to take revenge thereof.
,,.;
2. On the fateful day, viz., at about 10 O'clock on 21.10.1993, PW-
11 Subhash Pandurang Kalke was taking his cart to bring grass from the E
land of one Rajaram Patil. On his way, he met his friend PW-12 Sanjay
· Laxman Belgaonkar. PW-11 asked PW-12 to accompany him. He
promised to come later as he was to deliver medicine at his house.
3. While PW-11 was coming back after loading the grass in his cart,
at or near the place of occurrence, Shivaji Patil and Baburao Patil who F
-~
were coming on a motorcycle overtook him. Accused persons, who were
..,
11 in number, had allegedly been waiting for them. They were accosted
by the accused persons. The accused persons formed a threatening semi-
circle around them. Accused No. 9 Bindu More exhorted others to assault
but he himself inflicted vital injuries upon Shivaji Patil. Baburao Patil G
intervened. He was also threatened. He started running away from the
scene of occurrence. He was chased. PWs 11 and 12 seeing them chasing
Baburao hid themselves nearby in a sugarcane field. Baburao Patil was
found murdered in front of the house of Sou Padma (PW-14). Babasaheb,
brother of the deceased (PW-9) Shivaji Patil who was also coming back H
204 SUPREME COURT REPORTS · [2007] 11 S.C.R.
I
_..__

A from his village along with others found his brother murdered. PW-11
informed him about the details of the incident. He came to his house and
informed his sister-in-law. She in turn asked PW-10 Sadashiva to go to
the Corporation Office and inform about the incident to the first informant
PW-13. PW-13 reached the police station at about 12.30 p.m. He
B allegedly did not furnish the details of the incident. He only named Accused
No. 9. He disclosed that PW-16 Vijay that murders of Shivaji Patil and
Baburao Patil have been committed. He was asked to furnish details of
the incident. He did not do so. He asked PW-16 (1.0.) to come to the
place of occurrence. An entry of the said information was made in the
c station diary. PW-16 came to the place of occurrence with PW-13. The
details of incident were narrated to PW-9 by one of the alleged eye-
witness, viz., PW-11, on the basis whereof the First Information Report
was lodged at the spot.
4. The First Information Report was lodged at about 2.15 p.m. In
D the First Information Report, nine persons were named as accused. It,
however, reached the Court of the Magistrate only on 25.10.1993. Before -\
the learned Sessions Judge, a large number of witnesses were examined.
PWs 11 and 12 wer~ eye-witnesses. Relying on or on the basis of their "'·
testimonies before the Court as also the testimonies of other witnesses,
E the learned Sessions Judge passed a judgment of conviction against
Accused Nos. 1, 2, 3, 5, 6, 7, 9 and 11 and acquitted Accused Nos. 4,
8 and 10. Appeals were preferred thereagainst by the appellants. A
revision application was also filed by Sarjerao Patil against the judgment
and order questioning acquittal of Accused Nos. 4, 8 and 10.
F
5. Six criminal appeals were filed before the High Court. By reason
of the impugned judgment and order, the High Court dismissed the appeals
of the appellants before us.
6. Before us, four criminal appeals have been filed. Criminal Appeal
G No. 844-846 of2005 has been filed by Ramesh Baburao Devaskar (A-
5), Bajirao Govind Mane (A-6) and Bapu Shripati Yadav (A-7). Criminal
Appeal No. 837of2005 has been filed by Sunil Krishnat More (A-3).
Criminal Appeal No. 843 of2005 has been filed by Hindurao Pandurang
Chougule (A-1 ), Ainuddin Abdul Gavandi (A-2) and Criminal Appeal No.
H 847 of2005 has been filed by Bindu Ramchandra More (A-9) and Sunil
+
RAMESHBABURAODEVASKARv. STATE [SINHA,J.] 205
)
Bhimrao Bodke (A-11 ). A
7. Mr. R. Sundravardhan, learned senior counsel appearing on
behalf of the appellants in Criminal Appeal No. 844-846of2005 has
raised the following contentions:
(i) The First Information Report was lodged by way of an after- B
thought. It was ante-timed and ante-dated. In any event it was.
hit by Section 161 of the Code of Criminal Procedure, 1973
as despite knowledge of all the details of the incident were
known to the first informant PW-9, he did not furnish the same
and lodged another report at the spot. c
(ii) The del~y of more than three days to send the First Information
Report to the Court of Magistrate clearly proves that the First
Information Report was ante-dated.
(Iii) PWs 11and12 were chance witnesses. There was absolutely
no reason as to why they should be there. D
(iv) The investigating officer examined them at the police station
and not at the place of occurrence.
(v) They are not reliable witnesses as although, they had not seen
the murder committed of Baburao, as they had hidden E
themselves in the sugarcane field, they projected themselves
as a witness to the murder of Baburao also and as such they
are not trustworthy.
(vi) In any event, apart from PW-9, there is nothing to show that F
any overt act was committed by any of the other appellants.
(vii) PW-14 having been declared hostile, there is no eye-witness
so far as the murder of Baburao is concerned.
8. Mr. Sundravardhan's submission was adopted by Mr. Anil K.
Jha and Dr. Rajeev B. Masodkar, learned counsel. G

9. Mr. Sushi! Karanjkar, learned counsel appearing on behalf of the
State, however, on the other hand, would submit:
(i) The motive of commission of the crime has been proved
H
1-
206 SUPREME COURT REPORTS [2007] 11 S.C.R.
:~

A beyond any shadow of doubt. The brother of the Accused
No. 9 had been killed and the deceased Shivaji had been
released on bail and it is, thus, evident that the accused persons I-

intended to commit the crime for the purpose of raking revenge.
(ri) Sarjerao Patil (PW-13) being not an eye-witness and he had
B been informed about the incident by PW-10 who was also
not an eye-witness, it was not possible for him to give details t
of the incident. He, being concerned with the murder of his
brother Shivaji and Baburao, thought it fit to ask the r
investigating officer to come to the place of occurrence. The
c First Information Report was recorded upon obtaining the
details of incident from PW-11. The statement given by him
before the officer incharge of Karvir Police Station cannot be
said to be a First Information Report and the one recorded at
the place of occurrence had rightly been accepted as the First
D Information Report.
(iii) The sequence of events which took place in quick succession -4
clearly goes to show that the accused persons who had
common intention to commit the said offence not only "-.
committed the murder of Shivaji but also chased Baburao when
E
he started fleeing away and also committed his murder.
(iv) Although there are inconsistencies, omissions and
improvements, the same, being minor in nature, have rightly
been ignored by the Courts below.
F 10. The principal question which arises for our consideration is as
to whether the second First Information Report can be treated to be the .,.
First Information Report in relation to the incident and in any event any
reliance can be placed thereupon.
G An information received by the officer-incharge of a police station
for commission of a cogni:zable offence must be reduced in writing so as
to enable him to start investigation. PW-13 met the investigating officer
at the police station. He informed him about the incident. However, he
did not disclose the details for whatever reason. A First Information
H Report although need not be encyclopedic, but in this case PW-9 did ...
+
RAMESH BABURAO DEVAS KAR v. STATE [SINHA, J.] 207
~
not say that he was not aware of the details. He named Accused No. 9. A
He disclosed about the murder of his brother. The alleged eye witnesses
had disclosed all the details about the incident to all whom they had md
including another brother of the deceased viz. Baba Saheb. Why he did
not lodge the first information report has not been disclosed.
Strangely enough, the First Information Report was recorded at the B
spot. Panchnamas were also held immediately thereafter. Inquest
Panchnamas were taken. In the inquest report, only again Accused No.
~ 9 was named. In the inquest Panchnama, it was stated that the Panchas
felt that 'the deceased was attacked by some unknown assailants with
sharp edged weapons and have stabbed and seriously injured him due to c
which he might have died'. Why it was recorded like that is a mystery.
In the First Infonnation Report, PW-11 was named as the only eye-
witness to the occurrence. So far as PW-12 is concerned, he evidently
was a Chance Witness. His name was not disclosed in the First Information D
Report.
>--
11. Lodging of a First Information Report is necessary for setting .
,,,' the criminal law in motion. It can be lodged by anybody. It, however,
should not be too sketchy so as to make initiation of investigation on the
basis thereof impossible. Only information in regard to commission of an E
offence may not for all intent and purport satisfy the requirement of the
First Information Report. When, however, the First Information Report
is lodged by a person who claims himself to be aware of not only the ·
commission of the offence, the name of the deceased and at least one of
the accused who had committed the same, the could have been recorded F
·~
on the basis thereof. It may, however, be another thing to say that any
..,
infonnation in regard to the commission of an offence is given by way of
a telephone or by a person who does not disclose his identity and such
message is so cryptic that it may not satisfy the requirement of Section
154 of the Code of Criminal Procedure. [See Om Prakash alias Raja G
V. State of Uttaranchal, [2003] 1 sec 648]

f 12. We may in this connection refer to Mundrika Mahto and Ors.
v. State of Bihar [(2002) 9 SCC 183] wherein it has been held:

- ''9. We have carefully and minutely examined the record including, H
+
208 SUPREME COURT REPORTS [2007] 11 S.C.R.

A as earlier stated, the evidence ofSuresh Kumar (PW-5) read with
Santosh Kumar (PW-1) and Ram BrikshaMahto (PW-2). Their
evidence inspires confidence. It was natural for Ram Briksha
Mahto not to name the persons who were dragging the headless
body because he did not know them. On all material aspects, the
B testimony of these witnesses is trustworthy and reliable. It is not
the law that the conviction cannot be based on the testimony of
relations. That alone cannot be the ground to over win the
conv~ction. The scratch injury, according to the testimony of the
Doctor is possible as a result of dragging. The non-mention of it
c by the Investigating Officer in the inquest report is of no
consequence, in the light of other evidence on record. The High
Court seems to be right in its conclusion that when a large number
of persons were dragging the trunk after catching hold of the same,
only a small portion may be touching the ground as a result
D whereof, there may not be a large number of injuries on account
of dragging. Another factor which deserves to be noticed is that
the Sessions Court, on perusal of the case diary, has recorded that
the Investigating Officer was deliberately trying to held the def~nce.
The contention that was urged in this regard before the Sessions
E Court and also before us was that the inquest report having been
held at 11.15 p.m. and the statement/furdbeyan recorded at 11.30
p.m., inquest report should be treated as the FIR and not the FIR
registered on the basis of the Furdbeyan and, therefore, the mention.
of the name of the appellants therein deserves to be ignored. The
Court of Sessions noticed, on perusal of the case diary, that it
F
appears that Investigating Officer first recorded the Furdbeyan and
thereafter held the inquest on the dead body of the deceased, but
recorded in the case diary, the time of recording of the Furdbeyan
as 11.30 p.m. and that of holding of inquest as 11.15 p.m. in the
reverse order to help the accused. In fact, the case diary shows
G that the Fardbeyan was recorded earlier and inquest later and, thus,
inquest could not be treated as the FIR. Similarly, the telephonic
conversation also could not be treated as FIR, as contended, as it
was a cryptic information that was received and recorded in the
daily diary regarding the commission of offence."
H
+
RAMESHBABURAODEVASKARv. STATE [SINHA,J.] 209

13. In this case, PW-13 was asked by the investigating officer to A
give details thereof. We also cannot accept the submission of Mr.
Karanjkar that PW-13 did not inform about the incident to others. He
said that he had done so. If he had given his version to other prosecution
witnesses, as a result whereof all the details were known to them, th¢
same should have been the basis for lodging a First Information Report; B
We may also notice that in response to the query by the investigating officer1
PW-10 did not say that he was not aware thereof. For one reason or
the other, he did not do it. He asked him to go to the place of occurrence.
Although anxiety on his part to take the police officer to the place of
occurrence with a view to apprise him about the incident is appreciable, c
what is not is his refusal to disclose the details thereof. He did not say ·
that he was not aware thereof.
14. A First Information Report cannot be lodged in a murder case .
after the inquest has been held. The First Information Report has been
lodged on the basis of the statements made by PW-11 to the informant D
himself at the spot. If the said prosecution witness who claimed himself
to be the eye-witness was the person who could lodge a First Information
Report, there was absolutely no reason as to why he himself did not
become the first informant. The First Information Report was recorded
on the basis of his information given to the first informant at the spot. All E
information given by him to PW-13 was made before the Investigating
Officer himself. What prevented him from lodging the First Information
Report is beyond our comprehension. PW-11, we may place on record,
categorically stated that he had disclosed the details of information to all
concerned. Therefore, it is expected that the first informant was informed F
thereabout. We have noticed hereinbefore that the information given by
PW-13 had at least been recorded by the police in the Crime Register
and he categorically stated a few facts, viz., the main accused Accused
No. 9 committed murder of his brother Shivaji Patil and one Baburao
Patil. Even the place where the murder took place was known to him. If G
we are to believe the investigating officer, he recorded the statement after
holding inquest. The detailed report in regard to the nature of injuries as
also the place ~here the injuries were inflicted was known to him as inquest
report had already been prepared. Such an attempt on the part of the
investigating officer has been deprecated by this Court in a large number H
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210 SUPREME COURT REPORTS (2007] 11 S.C.R.

A of decisions. All other witnesses including the Panch witnesses must have
been present there. If despite the same, according to Panch Witnesses,
at least in respect of Baburao, unknown persons are said to be his
assailants, it is evident that PW-11 did not disclose the names of the
assailants; at least all of them before PW-9 as also the Investigating
B Officer.
15. In a case of this nature, enmity between two groups is accepted.
In a situation of this nature, where the First Information Report was ante-
timed 9r not also requires serious consideration. First Information Report, y

in a case of this nature, provides for a valuable piece of evidence although
C it may not be a substantial evidence. The reason for insisting of lodging
of First Information Report without undue delay is to obtain the earlier
information in regard to the circumstances in which the crime had been
committed, the name of the accused, the parts played by them, the
weapons which had been used as also the names of eye-witnesses. Where
D the parties are at loggerheads and there had been instances which resulted
in death of one or the other, lodging of a First Information Report is always
considered to be vital.
16. The Code of Criminal procedure provides for certain internal
E and external checks; one of them being the receipt of a copy of the First
Information Report by the Magistrate concerned. It is not in dispute that
in a grave case of this nature, the copy of the First Information Report
was received by the Magistrate four days later. No explanation has been
offered therefor. Section 157 of the Code of Criminal Procedure mandates
F that the First Information Report should be sent to the nearest Magistrate
within a period of24 hours. It has not been disputed that the occurrence
took place near the District Headquarters. There cannot be any reason .,
.

whatsoever as to why the First Information Report was sent after four
days. [See Jagdish Murav v. State of UP. & Ors., (2006) 8 SCALE
G 433].
17. InStateofRajasthanv. TejaSinghandOrs., [2001] 3 SCC
147, this Court observed:
"We have examined the evidence of the three eye-witnesses as also
that oflqbal Singh (PW-10), the Investigating Officer. We have
H
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RAMESHBABURAODEVASKARv. STATE (SINHA,J.] 211

also perused the evidence of Ram Pratap Sarpanch (DW-1) and A
we do not find any reason to differ with the finding of the High
Court which sitting as the first court of appeal on facts, had every
right to re-appreciate the evidence. In our opinion, the High Court,
in that process, has not committed any error. As a matter of fact,'
the explanation put forth by the learned counsel in regard to the B
delay in the FIR reaching the court is not tenable because assuming'
that there were some court holidays that cannot be a ground for
the delay in the FIR reaching the Magistrate, because requirement
of law is that the FIR should reach the concerned Magistrate
without any undue delay. We are of the opinion that the explanation c
given by the prosecution regarding the delay in the FIR reaching
the Magistrate is neither convincing nor acceptable."
18. WewiUassumethatthepresenceofPWs 11and12atornear
the place of occurrence was.possible. We have been taken through the
evidence of PWs 11and12. The deceased Shivaji Patil and Baburao D
Patil allegedly were coming in a motor cycle. They crossed him but then, .
according to them, the incident which took place was at a distance of
l 00 ft. However, when the actual assault by Accused No. 9 took place
by infliction of blow of an axe, the distance was reduced to 50 feet. No
overt act was attributed to anybody else. E
19. According to him, Baburao Patil then started running. All the
assailants followed. He jumped out of the bullock-cart and ran towards
the sugarcane only after the assailants crossed his bullock-cart. He did
not and could not see the actual assault on Baburao.
F
20. Another facet must also be noticed. The investigating officer
recorded his statement partly upto 6.30 p.m. He was asked to come to
the police station on the next day and his remaining statement was
recorded in the Karvir Police Station. According to him, his statement
was recorded only after the bodies were sent for post mortem. He went 0
to the police station at 9 p.m. and was there about half an hour. It is borne
out from the record that he got his statement under Section 164 of the
Code of Criminal Procedure but he could not remember thereabout.
When, however, accosted therewith, he said that he had made statement
H
212 SUPREME COURT REPORTS [2007] 11 S.C.R.
+
A before the Sub-Judicial Magistrate on 11.11.1983. He made a lot of
improvements in his statement.
21. So far as Baburao is concerned, in the inquest panchnama,
statements of panch witnesses had been recorded to the effect that
unknown assailants had killed him. It may be true that the prosecution
B would be bound thereby. But, the impression we gathered therefrom is
that at least at that point of time there was a general belief that Baburao
had been killed by unknown assailants. The dead body ofBaburao was
found near the house of PW-14. PW-14 turned hostile.
c 22. Proof of motive by itself may not be a ground to hold the
·accused guilty. Enmity, as is well-known, is a double edged weapon.
Whereas existence of a motive on the part of an accused may be held to
be the reason for committing crime, the same may also lead to false
implication. Suspicion against the accused on the basis of their motive to
D commit the crime cannot by itself lead to a judgment of conviction.
23. The learned counsel appearing on behalf of the appellants
addressed us at a great length that the other accused persons did not share
the common object with Accused No. 9. We find some substance in his
submission. Their names did not appear in the First Information Report.
E Even PWs 11 and 12 did not attribute any overt act on their part.
24. As it is difficult for us to rely upon the testimonies of PWs 11
and 12 and for other reasons enumerated hereinbefore, we are of the view
that it would be hazardous to record a judgment of conviction in this case.
F 25. These appeals are allowed. Appellants are set at liberty unless
wanted in connection with any other case. ~·

D.G. Appeals allowed.