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The Supreme Court, while addressing a criminal appeal (Harnam Singh vs. State of MP) observed that the mere presence of the Inquest Number in the First Information Report (FIR) does not imply that the FIR was registered after the Inquest. The SC observed that same while addressing the contention of the accused that the FIR mentioned the Inquest No. but the Inquest Report did not mention the FIR no. & thus raises doubts with respect to the events portrayed through the Prosecution’s case.
It was held that the mere presence of the Inquest Number in the FIR did not hamper the prosecutions case or the testimony of the eye witnesses. The bench comprising Justice R. Banumathi and Justice R. Subhash Reddy referred to the judgement of State of Uttar Pradesh v. Ram Kumar where it was observed by the Supreme Court that “the mere fact that on the inquest report FIR No. was written by different ink cannot be the basis for observing that the FIR was ante-timed or ante-dated”
The bench in the present case relied on the testimony of the Investigation Officer, S.D. Khan (PW 14) who had prepared the Inquest Report and registered the Inquest Number, held, “The inquest being done at the spot and FIR being registered at the Police Station under Sections 302, 506B, 341, 294, 323, 34 IPC and Section 3(2)(V) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, mention of inquest number in the FIR does not affect the prosecution case nor does it affect the credibility of the eyewitnesses”
The bench by relying on the case of Ramanand Yadav v. Prabhu Nath Jha and othersand State of U.P. v. Krishna Gopal and another also observed, “It is well settled that the oral evidence has to get primacy since medical evidence is basically opinionative.” Hence, the opinion given by an expert would not effect the prosecution's case, when it is based on eye witnesses.
Harnam Singh’s conviction was affirmed by the bench under Sections 302 IPC, 341 IPC & Section 25(1A) read with Section 27 of the Arms Act & the sentence of life imprisonment imposed upon him.
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