Case: Rajesh @ Raju Chandulal Gandhi &amp; Another Vs. State of Gujarat

FIR is to obtain information regarding the circumstances in which the crime was committed including the names of actual culprits and the part played by them, the weapon of offence used as also the names of the witnesses. One of the external checks which the courts generally look for is the sending of the copy of the FIR along with the dead body and its reference in the inquest report. The absence of details in the inquest report may be indicative of the fact that the prosecution story was still in embryo and had not given any shape and that the FIR came to be recorded later on after due deliberations and consultation and was then ante-timed to give it a colour of prompt lodged FIR. The reliance of learned counsel for the appellant on Meharaj Singhs case is of no help to him in the instant case inasmuch as all requisite details are mentioned in Panchanama Exhibit P-32. Mere omission to mention the number of the FIR and the name of the complainant in Exh. P-37 has not persuaded as to hold that the FIR was ante-timed in view of the peculiar facts and circumstances of the case as noticed by the trial court, the High Court and by us hereinabove. 14. It has also been argued on behalf of the appellants that for withholding of opinion of finger print expert, adverse inference be drawn against the prosecution. It has come in evidence (Exh. 32) that finger print expert was present on spot who had taken the prints from the pieces of broken glass and some other articles lying in the farm of the deceased. It is also not disputed that the report of the finger print expert has not been produced in the case. The withholding of the report of the finger-print expert, if any, would definitely cast a doubt on the prosecution version and presumption of such report being against the prosecution has to be drawn. However, in the facts of the case we find that despite taking doubted finger prints from the spot, the investigating officer had not taken finger prints of any of the accused. The investigating officer has stated in the court that on 25.2.1993 total 31 items were sent for examination. In Exh. 64 there is a note at Item No. 9 of having sent broken pieces of glass at No.11 having found chance print had Item No. 12 of having found another chance print. The pieces of glass sent show that there was "B" group blood which was the blood group of the deceased. In the absence of the finger prints of the accused persons no finger print expert could have given any opinion regarding the chance prints found on glasses and other articles. It appears that as no finger prints for comparison were taken or sent; there is no possibility of any report of any report of the expert being in existence in that regard, which was allegedly suppressed warranting the drawing of a presumption against the prosecution. It might have been a lapse on the part of the investigating agency for not taking the finger prints of the accused persons but merely because the finger print expert had taken some prints from the glasses would not justify in holding that there existed a comparative finger print expert report which was allegedly suppressed or withheld by the prosecution.15. Learned counsel then drew out attention to the fact that blood stains were found on a number of places in the house of the deceased which suggested that occurrence had not taken place outside the house as alleged by the prosecution and that as the deceased was including in gambling there was a probability of some other people having committed the offence. In this regard our attention was drawn to an advertisement (Exh. P31) which, according to the defence, probabilised that the deceased was indulging in Satta betting for riots by ante-social elements, with reference to riots of Ayodhya. He is stated to be living in the area where people belonging to muslim community lived. His indulgence in satta relating to riots with respect to Ayodhya is suspected to have infuriated the muslim community who might have committed the crime in his house and the prosecution wrongly involved the appellants in the crime merely on suspicion allegedly on account of the dispute existing with respect to the love affair between Montu and Namrata and some complaint earlier filed against the accused. Such a plea cannot be accepted because the advertisement and the public notice (Exh. P.31) has not been duly proved. There is no evidence on the record to show that the deceased had ever indulged in satta business. PW1 in his statement has admitted that a news was published in the newspaper that deceased used to bet as to whether and when the riot incident would break and in turn notice was published allegedly on his behalf that such allegations were false and if anyone proved the same, he would be paid Rs. 10 lakhs. All such evidence referred to by the defence with respect to the alleged indulgence of the deceased in betting is based upon hearsay and not legally admissible in evidence. Therefore, no inference on that basis can be drawn against the prosecution. Otherwise also both the trial court and the High Court have found cogent explanation and reasons for the presence of the blood at various places in the house of the deceased. In the absence of any evidence to the contrary there is no occasion for this Court to interfere with the finding of fact arrived at on proper appreciation of evidence.16. After going through the whole of the evidence, the other record produced in the case and the judgments of the trial court and the High Court we find no reason to interfere in the concurrent findings of fact arrived at against the accused holding them guilty for which they have been convicted and sentenced. 17.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]The investigating officer has stated in the court that on 25.2.1993 total 31 items were sent for examination. In Exh. 64 there is a note at Item No. 9 of having sent broken pieces of glass at No.11 having found chance print had Item No. 12 of having found another chance print. The pieces of glass sent show that there was "B" group blood which was the blood group of the deceased. In the absence of the finger prints of the accused persons no finger print expert could have given any opinion regarding the chance prints found on glasses and other articles. It appears that as no finger prints for comparison were taken or sent; there is no possibility of any report of any report of the expert being in existence in that regard, which was allegedly suppressed warranting the drawing of a presumption against the prosecution. It might have been a lapse on the part of the investigating agency for not taking the finger prints of the accused persons but merely because the finger print expert had taken some prints from the glasses would not justify in holding that there existed a comparative finger print expert report which was allegedly suppressed or withheld by the prosecution.15. Learned counsel then drew out attention to the fact that blood stains were found on a number of places in the house of the deceased which suggested that occurrence had not taken place outside the house as alleged by the prosecution and that as the deceased was including in gambling there was a probability of some other people having committed the offence. In this regard our attention was drawn to an advertisement (Exh. P31) which, according to the defence, probabilised that the deceased was indulging in Satta betting for riots by ante-social elements, with reference to riots of Ayodhya. He is stated to be living in the area where people belonging to muslim community lived. His indulgence in satta relating to riots with respect to Ayodhya is suspected to have infuriated the muslim community who might have committed the crime in his house and the prosecution wrongly involved the appellants in the crime merely on suspicion allegedly on account of the dispute existing with respect to the love affair between Montu and Namrata and some complaint earlier filed against the accused. Such a plea cannot be accepted because the advertisement and the public notice (Exh. P.31) has not been duly proved. There is no evidence on the record to show that the deceased had ever indulged in satta business. PW1 in his statement has admitted that a news was published in the newspaper that deceased used to bet as to whether and when the riot incident would break and in turn notice was published allegedly on his behalf that such allegations were false and if anyone proved the same, he would be paid Rs. 10 lakhs. All such evidence referred to by the defence with respect to the alleged indulgence of the deceased in betting is based upon hearsay and not legally admissible in evidence. Therefore, no inference on that basis can be drawn against the prosecution. Otherwise also both the trial court and the High Court have found cogent explanation and reasons for the presence of the blood at various places in the house of the deceased. In the absence of any evidence to the contrary there is no occasion for this Court to interfere with the finding of fact arrived at on proper appreciation of evidence.16. After going through the whole of the evidence, the other record produced in the case and the judgments of the trial court and the High Court we find no reason to interfere in the concurrent findings of fact arrived at against the accused holding them guilty for which they have been convicted and sentenced