criminal Appeal – “Res Gestae” & “Delay in lodging FIR” – EX

Sathishkumar vs State Represented by The Inspector of Police, Siruvalur, Gobichettipalayam Taluk, Erode – Crl.A.No.89 of 2014 – 14.12.2018.

DELAY IN LODGING F.I.R – EXPLAINED:

In Ravinder Kumar and another Vs. State of Punjab,(2001) 7 SCC 690, the Supreme Court has discussed the aspect ofdelay in the registration of FIR and has held that the delay in lodgingFIR is not fatal in every case. In fact, the Supreme Court has furtherheld that just because the FIR has been promptly lodged, that doesnot mean that the case is genuine and conversely, if the FIR islodged with delay, the case cannot be said to be a false one [para.18 – Sathishkumar vs State Represented byThe Inspector of Police,Siruvalur,Gobichettipalayam Taluk,Erode – Crl.A.No.89 of 2014 – 14.12.2018].

SECTION – 6 – RES GESTAE:

Venkatasamy (PW3), in his evidence, has stated that he lives near the house of Megala (PW1); on 12.03.2013 (Tuesday), around 5.00 p.m, there was a commotion in Megala’s (PW1) house; when he went there, he saw Thirumoorthy (PW2) and his father and mother; he also saw the accused/appellant going out from the house; when he asked Thirumoorthy (PW2) as to what had happened, he told him that the appellant strangulated his sister with a towel and tried to kill her. Though, this piece of evidence is hearsay, yet, it can be admitted as res gestae under Section 6 of the Evidence Act [para.11 – Sathishkumar vs State Represented by The Inspector of Police,Siruvalur,Gobichettipalayam Taluk,Erode – Crl.A.No.89 of 2014 – 14.12.2018 ].

SECTION 307 IPC – WHETHER HURT NECESSARY?

The charge in this case not under Section 325 IPC but one under Section 307 IPC for which injury is not always relevant. For instance, if ‘A’ opens fire at ‘B’ and ‘B’ ducks thereby avoiding the bullet, no injury will be there on ‘B’. Can ‘A’ be acquitted for attempt to murder? The answer is an emphatic “no” [Sathishkumar vs State Represented by The Inspector of Police,Siruvalur,Gobichettipalayam Taluk,Erode – Crl.A.No.89 of 2014 – 14.12.2018].

full judgment – download here: sathish kumar

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