Consistent eyewitness evidence and blood-stained weapon recovery sustained murder conviction despite a challenge to FIR delay.

The SC upheld a conviction under Section 302 IPC, holding that the alleged delay in lodging the FIR was not inordinate where it was filed within about eight hours at a police station 10 miles away and reached the Magistrate the next morning. The testimony of the two eye-witnesses was found consistent against the appellant, and minor discrepancies were insufficient to discard their evidence. Recovery of the gandasi at the appellant's instance, with blood stains on the weapon and his turban, corroborated the ocular version. The witnesses' relationship to the deceased and prior disputes did not discredit otherwise convincing evidence.

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Issues: Whether the conviction under Section 302 of the Indian Penal Code required interference on the grounds of alleged delay in lodging the FIR, alleged discrepancies in the testimony of eye-witnesses, and the effect of the recovery of the blood-stained weapon.

Analysis: The ocular version of the two eye-witnesses was found to be consistent so far as the appellant was concerned, and the discrepancies noticed at trial were not sufficient to discard their evidence against him. The FIR was lodged within about eight hours at a police station about 10 miles away, and was received by the Magistrate the next morning, so the delay was not treated as inordinate. The recovery of the gandasi at the instance of the appellant, together with blood stains on the weapon and on his turban, provided corroboration to the eye-witness account. The relationship of the witnesses with the deceased and the existence of prior disputes were held not enough to discredit otherwise convincing evidence.

Conclusion: The conviction and sentence under Section 302 of the Indian Penal Code were upheld, and interference was declined.

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