Case: Budh Singh Vs. State Of M.P

tissues of some of the parts of the body had been eaten away by fish. Medical science has not achieved such perfection so as to enable a medical practitioner to categorically state in regard to the exact time of death. In a case of this nature, it was difficult to pinpoint the exact time of death. The autopsy surgeon told about the approximate time lag between the date of post mortem examination and the likely date of death. He did not explain the basis for arriving at his opinion. This Court on a number of occasions noticed that it may not be possible for a doctor to pinpoint the exact time of death." 18. In Baso Prasad and Ors. v State of Bihar [2006 (12) SCALE 354 ], this Court observed:- "We may deal with the question as regards presence of rigour mortis.In Modis Textbook of Medical Jurisprudence and Toxicology,21st Edn., at page 171, it is stated:Rigor mortis generally occurs, while the body is cooling. It is in no way connected with the nervous system, and it develops even in paralyzed limbs, provided the paralyzed muscle tissues have not suffered much in nutrition. It is retarded by perfusion with normal saline.Owing to the setting in of rigor mortis all the muscles of the body become stiff, hard, opaque and contracted, but they do not alter the position of body or limb. A joint rendered stiff and rigid after death, if flexed forcibly by mechanical violence, will remain supple and flaccid, but will not return to its original position after the force is withdrawn; whereas a joint contracted during life in cases of hysteria or catalepsy will return to the same condition after the force is taken away.*** *** *** ***The exact time of death, therefore, cannot be established scientifically and precisely, only because of presence of rigour mortis or in the absence of it." 19. Blackenning of the wound can be found only when the shot is fired from a short distance namely at about 3 to 4 feet and not beyond the same. Absence of any blackening of the wound has rightly been not found in the post mortem examination. 20. The purported improvement made by P.W. 1 is not of much significance. First Information Report, as noticed hereinbefore, was lodged at the quickest possible time. A First Information Report is not supposed to be an encyclopedia of the entire event. It cannot contain the minutest details of the events. 21. The essential material facts were disclosed in the First Information Report. Even presence of P.W. 2, Munnalal had also been stated. Statements of the other witnesses namely P.W. 3, P.W. 5 and P.W. 6 had also been recorded by the investigating officer on 31st July itself. It is, therefore, difficult to accept the contentions of the learned counsel. 22. The First Information Report was recorded by the Head Constable. Investigation was taken over from P.W. 11 by P.W. 12, R.S. Raghuvanshi and thereafter only the accused were arrested. Seizure of the gun belonging to the appellant is proved not only by P.W. 12 but also by Murat Singh P.W. 9. We may notice that even Kalyan Singh had surrendered in the Police Station on 20.8.1989. Indisputably the gun as also the empty cartridge found at the spot was sent to the Forensic Science Laboratory. Qualification of Shri J.P. Nigam as a ballistic expert has not been doubted. Although, there appears to be some confusion with regard to the marking of the parcel containing the empty cartridge, evidently the same had correctly been marked by Shri Nigam. He found it in a sealed condition. Only because P.W. 8 in his evidence did not state that the recovered empty cartridge was sealed at the spot, the same would not mean that it was planted later on, particularly when recovery of the gun and the report of the expert has not been disputed. 23. The question as to whether the First Information Report is an ante timed one or not must be considered having regard to the facts and circumstances of the case as has been opined by this Court in Meharaj Singh (L/Nk.) v State of U.P. [(1994) 5 SCC 188] , whereupon Mr. Singh placed strong reliance. Having perused the first information report, we are of the opinion that although the same was transcribed by P.W. 8 from the oral statement made by P.W. 1, it contained all the material particulars. The very fact that it was recorded almost immediately after taking place of the occurrence, the question of its being an ante timed one would not arise. 24. In Chandu v State of Maharashtra [(2002) 9 SCC 408] , whereupon again reliance has been placed by Mr. Singh, the High Court therein found the story of recovery of weapon of the offences as not believable. Even there was a serious discrepancy in regard to the alleged weapon of offence used, as according to the eye witnesses, a spear-blow had been given on the chest after the deceased struck against a cycle, whereas the medical evidence showed that the weapon must have entered the body from upward to downward laterally to right side, only on that basis the prosecution story was not believed. Such is not the case here. 25. Reliance has also been placed on Gorle S. Naidu v State of A.P. and Others [A.I.R. 2004 SC 1169] , wherein not only the eye witnesses who were said to have received injuries did not get themselves medically examined, the accused persons were also not specifically named during investigation. The said decisions, therefore, are not applicable to the facts of the present case. 26. A defective investigation by itself cannot be a ground for acquittal. Witnesses examined on behalf of the prosecution have been believed both by the learned Trial Judge as also by the High Court. So far as the appellant is concerned, we do not find any reason to differ therefrom. 27. For the reasons aforementioned, there

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

Explanation:
0[ds]as to whether the First Information Report is an ante timed one or not must be considered having regard to the facts and circumstances of theof time between the actual death and the post mortem examination has been stated to be within 36is now well settled that the lapse of time of taking place of death cannot be accuratelyt contained all the material particularsit was recorded almost immediately after taking place of the occurrence, the question of its beingante timed one would not arise.investigation by itself cannot be a ground for