RAM NARESH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment and order of the High Court of Judicature at Allahabad whereby the appellant stands convicted for an offence punishable under Section 307 of the Indian Penal Code and sentenced to rigorous imprisonment for five years.

(2.) The facts of the case are as under:

(3.) Before the trial court as well the High Court, the primary argument made on behalf of the accused was that there was an inordinate and unexplained delay in the lodging of the FIR, that the evidence of the eye witnesses who were closely related to the injured was discrepant in material particulars, and that the medical evidence did not support the ocular evidence. These submissions have been rejected by both the courts below. Before us, today, Mr. Anurag Kishore, the learned Counsel for the appellant has reiterated the same arguments. We find from a reading of the evidence that there is no substantial delay in the lodging of the FIR. The incident happened in a village about 9 kms. away from the police station late in the evening and it would have been difficult for the complainant living in rustic and backward area to rush to the police station immediately. We also find no reason to disregard the evidence of Ram Vilas and Lalu, PWs. Admittedly, Ram Vilas was a brother of Shiv Vilas, the injured and Lalu was a close relative and also a party man. It must also be borne in mind that the incident happened in the year 1978 and the evidence was recorded in the year 1986. Some discrepancies are therefore bound to appear in the ocular evidence as memory fades with the passage of time.