First information and police statement bar: later investigation statement was inadmissible and could not sustain conviction.

Information given to police that a cognizable offence has been committed constitutes first information if it relates to the offence, even without naming the assailants or giving full particulars; the absence of a written police record does not change that character. Once such information is received, later police steps form part of the investigation, and a statement recorded from the injured person after investigation has commenced is hit by the bar on statements made to police during investigation. That later statement was therefore inadmissible against the accused, could not sustain conviction, and the conviction was set aside with acquittal ordered.

---

---

Issues: Whether the statement recorded from the injured person by the police after the earlier information at the police station was the first information report, and whether the later statement could be used in evidence despite the bar under the criminal procedure law.

Analysis: The earlier report made at the police station was information relating to the commission of a cognizable offence even though it did not name the assailants or contain full particulars. The absence of a written record by the police did not alter its character as first information. Once that information was given, the subsequent steps taken by the police formed part of the investigation. The later statement recorded from the injured person after the investigation had commenced was therefore a statement made in the course of investigation and was not admissible against him.

Conclusion: The later statement was hit by the bar against use of statements made to police during investigation and could not form the basis of conviction. The revision was allowed and the petitioner was acquitted.

Final Conclusion: The conviction was set aside because the evidence relied upon was not legally usable, and the petitioner was entitled to be released.

Ratio Decidendi: Information given to police that a cognizable offence has been committed is first information if it relates to the offence, even without naming offenders; a statement recorded after investigation has begun is barred from substantive use against the accused.

---