Holding

A cryptic telephonic message does not constitute an FIR, and the evidentiary deficiencies render the conviction unsustainable, leading to dismissal of the appeal.

Summary

The State of Andhra Pradesh prosecuted V.V. Panduranga Rao for the murder of his wife under IPC s.302, alleging he also attempted suicide. The trial court convicted him, but the High Court acquitted, finding the mother’s testimony unreliable, the telephonic report to police not recorded in writing, no forensic blood‑group matching, and unexplained injuries on the accused. On appeal, the Supreme Court examined whether a cryptic telephonic message can be treated as an FIR under CrPC ss.154 and 162 and whether the evidential gaps warranted conviction. The Court held that a cryptic telephonic message does not constitute an FIR and, given the deficiencies, the conviction could not be sustained. Consequently, the appeal was dismissed, upholding the High Court’s acquittal.

Issues considered

Whether a cryptic telephonic message received by police can be treated as an FIR under Sections 154 and 162 of the Code of Criminal Procedure, 1973.
Whether the evidence, including the mother’s testimony and lack of forensic corroboration, is sufficient to sustain a conviction for murder under IPC s.302.

Legislation cited

Code of Criminal Procedure, 1973s. 154, s. 162
Indian Penal Code, 1860s. 302

Subjects

murderFIRtelephonic messageevidenceacquittalCrPC s.154CrPC s.162IPC s.302forensic evidence

Judgment

[2009] 7 S.C.R. 421

..- "' STATE OF A.P. A
v
- V.V.PANDURANGA RAO
Criminal Appeal No. 815 of 2003
MAY 4, 2009
B
(DR. ARIJIT PASAYAT AND ASOK KUMAR
GANGULY, JJ.)
• ..-
~
PENAL CODE, 1860 :

. ~
s. 302 -Accused convicted by trial court of murder of hisc
wife - acquittal by High Court holding that there were
discrepancies in prosecution evidence - Held: High Court
rightly noted certain facts, such as, the telephonic message
was not recorded by police - Evidence of mother of deceased
on which conviction was based, did not inspire confidence - D
·~
No effort was made to match blood group of deceased with
blood found on material object - Serious injury on throat of
accused not explained - High Court rightly acquitted the
accused - Code of Criminal Procedure, 1973 - ss. 154 and
162.
E
t
,j CODE OF CRIMINAL PROCEDURE, 1973:
ss. 154 and 162 - FIR - Telephonic message, when can
.J.
be treated FIR - Explained.
The respondent was prosecuted for committing F
murder of his wife and attempt to suicide. The prosecution
case was that on the stated date and time the accused
hacked the neck of his wife resulting in her death and then
cut his throat partially with a knife. The trial court convicted
and sentenced the accused uls 302 IPC, but on appeal, G
~ .J. the High Court acquitted him.
In the instant appeal filed by the State, it was
contended for the appellant that the reasons recorded by
•421 H
422 SUPREME COURT REPORTS [2009] 7 S.C.R.

A the High Court for acquittal were not sustainable in law. It
~ .,, .
was submitted that the message purported to have been
given on a telephone was a cryptic one and, therefore,
could not be treated as an FIR. •
Dismissing the appeal, the Court
B
HELD: 1.1 Certain facts have been rightly noted by
the High Court. It found that the evidence of PW-1, the
mother of the deceased, on whose evidence the con-
i .
;,.
viction was recorded did not inspire confidence. It was
.,
c also noted that the report was given to the police officer I-
on telephone, as admitted by the brother of the deceased,
at about 4.00 a.m. The same does not appear to have been
recorded in writing and on the other hand the police officer
claimed to have come to the place of occurrence and
recorded the statement of the mother and converted it into
D
the FIR. The High Court noted that it was not explained •
by the investigating officer as to why the telephonic
message was not reduced into writing. [para 2] [425-A-C]
1.2 With reference to the evidence of PW-1 the High
E Court noted that she stated that her son had informed
the police. It is not known as to what the son of PW-1 told '·
the police i.e. whether he told aboutthe details of the crime ""'•
or that some crime had taken place. If it is former then the •
message was required to be reduced in writing. According
F to P.W.10, the police officer who received the telephonic
message, he received a telephonic message that some
murder had taken place. He categorically admitted that
he did not reduce the information into writing. Added to
that, the FIR reached the police station after about 7 hours.
In the FIR it was noted that the injuries on the person of
G
the accused were of very serious nature, but the same ). ~

were not explained. The High Court did not accept the
stand taken that the accused tried to commit suicide. [para
2] [425-C-F]
H 1.2 A cryptic telephonic message of a cognizable
.
STATE OF AP. V. VVPANDURANGA RAO 423
~

.,., •, offence received by the police agency would not A
constitute an FIR. On the other hand if the information
given on telephone is not cryptic and on the basic of that
; information the officer in charge is prima facie satisfied
about the commission of a cognizable offence and
proceeds from the police station after recording such B
information to investigate such offence then any
statement made by any person in respect of the said
,, offence including details about the participants shall be
"" deemed to be a statement made by a person to the police
officer in the course of investigation covered by Section c
162 of Code. That statement cannot be treated as FIR. The
matter has to be considered in the background of ss.154
and 162 of the Code of Criminal Procedure, 1973. If in the
instant case PW-6 proceeded on the basis of what has
been told by PW-1 to him about the murder of the
D
deceased it was but natural that PW-1 would have told
"'" him who the author of the crime was. That is not the case
of the prosecution. There have been lots of improvements
in the evidence of PW-1 i.e. her statement made during
investigation when compared with that recorded in Court.
In this view of the matter, the inevitable conclusion is that E
the appeal is without merit. [para 6-7] [426-C-G; 427-B]
.
CRIMINALAPPELLATE JURISDICTION: Criminal Appeal
-+. No. 815 of 2003
From the Judgement and Order dated 16.04.2002 of the F
Hon'ble High Court of A.P. at Hyderabad in Crl. Appeal 58 of
2001
I. Venkatanarayana, Aftab Fatima, D. Bharathi Reddy, with
him for the Appellant.
G
K, Sarada Devi, for the Respondent.
::;; "-·
The Judgement of the Court was delivered by
DR. ARIJIT PASAYAT, J.
1. Challenge in this appeal is to the judgment of a Division H

"'
424 SUPREME COURT REPORTS (2009] 7 S.C.R.
~

A Bench of the Andhra Pradesh High Court directing acquittal of Jt --..
the respondent who faced trial for having allegedly committed
the murder of his wife Veeranki Bhulaxmi (hereinafter referred
to as the 'deceased'). It was the prosecution case that after ::
committing the murder of his wife, the accused had tried to
B commit suicide by cutting his throat with knife. He was charged
for commission of offences punishable under Sections 302 and
309 of the Indian Penal Code, 1860 (in short the 'IPC'). He was
tried for both the offences, but he was sentenced only in respect ,..
"
of offence punishable under Section 302 IPC.
c 2. Prosecution version, in a nutshell, is as follows: '
The accused, the deceased and the prosecution witnesses '
were the residents of Venkuru village of Vijayawada, Krishna
district. The deceased was the wife of the accused. PW-1 was
D the mother, PWs 2 and 3 were daughters and PW-4 was brother
of the deceased. The deceased and PW-2 were attending cooli ~
'='
work and were maintaining the family. They shifted their
residence to Venkuru village for their livelihood and were staying
in the house of PW-1. On the intervening night of 2/3-3-2000 at
E about 3.45 a.m. the deceased was sleeping on her cot in their
house in Venkuru. The accused hacked her with a knife on her
neck and caused her instantaneous death and later he attempted
to commit suicide by cutting his throat partially with a knife. PW-
~
1 woke up in the early hours and noticed that the deceased was
F lying with bleeding injury on her neck and the knife with blood
was in the hands of the accused. Then on seeing PW-1 the
accused fled away. A complaint was lodged and it was
registered in Cr.No. 48 of 2000 of Penamluru police station.
Inquest was held over the dead body of the deceased and the
G same was sent for post mortem examination. PW-8, the Medical
Officer conducted autopsy and issued post mortem certificate.
The statements of the witnesses were recorded and
investigation was undertaken. On completion of investigation
. '

charge sheet was filed. As the accused person pleaded
innocence trial was held. As noted above, the trial Court placed
H
..
STATE OF A.P. V VVPANDURANGA RAO ' 425
[DR. ARIJIT PASAYAT, J.]

~,-:..·· reliance on the evidence of mother (PW-1) of the deceased A
and recorded conviction. The High Court found that the evidence
of PW-1 on whose evidence the conviction was recorded does
: not inspire confidence. It was also noted that the report was
'
~
given to the police officer on telephone as admitted by the brother
.of the deceased at about 4.00 a.m. The same does not appear B
to have been recorded in writing and on the other hand the police
officer claimed to have come to the place of occurrence and
#; ~ recorded the statement of the mother and converted it into the
I
FIR. The High Court noted that it was not explained by the
investigating officer as to why the telephonic message was not c
reduced into writing.
With reference to the evidence of PW-1 the High Court
noted that she stated that her son had informed the police. It is
not known as to what the son of PW-1 told the police i.e. whether
he told about the details of the crime or that some crime had D
.... taken place. If it is former then the message was required to be
reduced in writing. The police officer who received the telephonic
message is PW-10. According to him he received a telephonic
" message that some murder had taken place. He categorically
admitted that he did not reduce the information into writing. E
__.. Added to that the High Court noted that the FIR reached the
...• police station after about 7 hours. In the FIR it was noted the
) ,.. injuries which were of very serious nature on the person of the
accused were not explained. It did not accept the stand taken
that the accused tried to commit suicide. F

3. Learned counsel for the appellant-State submitted that
the reasons recorded by the Hjgh Court to direct acquittal are
not sustainable in law. It is stated that the message purported to
have been given over telephone was a cryptic one and, G
therefore, cannot be treated as a FIR.
_, 4
4. Learned counsel for the respondent supported the
judgment of the High Court.
5. Certain facts have been rightly noted by the High Court.
H
•
426 SUPREME COURT REPORTS , (2009] 7 S.C.R.

A Where the information is only one which required the police to
move to the place of occurrence and as a matter of fact the
detailed statement was recorded after going to the place of
occurrence, the said statement is to be treated as FIR. But where
some cryptic or anonymous oral message which did not in terms
B clearly specify a cognizable offence cannot be treated as FIR.
The mere fact that the information was the first in point of time
does not by itself clothe it with the character of FIR. The matter
..., ••
has to be considered in the background of Sections 154 and
162 of the Code of Criminal Procedure, 1973 (in short the
c 'Code'), A cryptic telephonic message of a cognizable offence . ~

received by the police agency would not constitute a FIR.
6. The object and purpose of giving a telephonic message
is not to lodge the FIR but to request the officer incharge of the
police station to reach the place of occurrence. On the other
D hand if the information given on telephone is not cryptic and on
--1
the basis of that information the officer in charge is prim a facie
satisfied about the commission of a cognizable offence and ....
proceeds from the police station after recording such information
to investigate such offence then any statement made by any

-
E person in respect of the said offence including details about the
participants shall be deemed to be a statement made by a
person to the police officer in the course of investigation covered
by Section 162 of Code. That statement cannot be treated as ....
FIR. To put it differently any telephonic information about the
F commission of cognizable offence irrespective of the nature of
details of such information cannot be treated as FIR. If in the
instant case PW-6 proceeded on the basis of what has been
told by PW-1 to him about the murder of the deceased it was
but natural that PW-1 would have told him who the author of the
G crime was. That is not the case of the prosecution. There has
been lots of improvements in the evidence of PW-1 i.e. what
>- '
she had made during investigation when compared with that
recorded in Court.

H , 7. During investigation PW-1 had not stated that he had
STATE OF A.P. V VVPANDURANGA RAO 427
[DR. ARIJIT PASAYAT, J.]

seen the accused standing near the dead body of the deceased A
or that on hearing her cries her son Venkanna who has not been
examined came there and informed the incident to the police
by phone. She had also not stated that the accused had told her-
that he had cut the throat of the deceased with a knife which is
available in the house. Interestingly, there was no effort made to B
match the blooctgroup of the deceased with the blood found on
the M.0.1. lfth~ aforesaid aspects are considered, the inevitable
_. r conclusion is that the appeal is without merit, deserves dismissal
. which we direct.

R.P. Appeal dismissed.

__ -,_ ~~-