FIR - Non-reporting of essential facts which were known to the informant in the FIR -  

(2018)2 SCeJ 1296 : SUPREME COURT OF INDIA

AUGUST 03, 2018

 FIR - Non-reporting of essential facts which were known to the informant in the FIR -  Although we accept that FIR need not be an encyclopedia of the crime, but absence of certain essential facts, which were conspicuously missing in the present FIR, point towards suspicion that the crime itself may be staged – Case that in the intervening night some unknown persons committed dacoity in the house of informant and also in the adjoining house of his uncle- MJ wherein in the course of dacoity, the dacoits fired gun shot towards MJ who died - PW-1, 2, 3, 4, 8, 10 & 12 belong to the same family of the deceased and reside in the same house – Informant of this case is the nephew of deceased who lives in an adjacent house -  In the FIR, he has failed to mention the name of PW-1, who is a significant person as per the prosecution as he had allegedly identified the accused-who were the dacoits responsible for the aforesaid crime – Informant states that he was aware of presence of PW-1 during the incident but he failed to mention his name in the FIR - Such non-mentioning of presence of PW-1, who was a material witness in this case, creates further suspicion on the hypothesis portrayed by the prosecution - Informant was aware of the names of dacoits who had killed the deceased but failed to name them in the FIR which was also lodged  after a lapse of 3 hours - Despite sufficient time for the informant to gather necessary information, which he did, the names of two accused respondents have conspicuously been missing, which also formed an additional factor for the High Court to acquit accused respondents. 

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