1993 (2) TMI 338

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....one Krishna Rao had been murdered. After recording the evidence of various witnesses including PW 1 to PW 4, the learned Sessions Judge convicted Punati Ramulu (A-1), Nalamala Ramakotayya (A- 2), Lam Koteswararao (A-3) and Poonati Ramedass (A-6), Popuri Govindu (A-7) and Popuri Ramulu (A-8) for an offence under Section 148, I.P.C. and sentenced them to suffer rigorous imprisonment for two years. They were also convicted for the offence under Section 302, I.P.C. and sentenced to suffer imprisonment for life. A-4, A-5 and A-9, whose names were not disclosed at the trial as to be present at the time of occurrence by PW 1 to PW 4, were given the benefit of the doubt and acquitted. The convicts A-1 to A-3 and A-6 to A-8 filed an appeal in the Hi....

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....cation was also dismissed. 2. We have heard learned Counsel for the parties and examined the record with their assistance. 3. In our opinion, the reasons recorded by the High Court for recording acquittal of the respondents is based on proper appreciation of evidence. The findings are not only supported by proper appreciation of the evidence but are also reasonable and sound. Thanks to the tainted investigation, the murder of Krishna Rao goes unpunished. But we must hasten to add that since the defence has been able to successfully challenge the bona fides of the police investigation, it has detracted materially from the reliability of the other evidence led by the prosecution also. 4. The case as put forward by the prosecution was....

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.... in the daily diary or record in the general diary about the information that had been given to him by constable 1278, who was the first person to give information to him on the basis of which he had proceeded to the spot and taken up the investigation in hand. It was only when PW 1 returned from the police station along with the written complaint to the village that the same was registered by the circle inspector, PW 22, during the investigation of the case at about 12.30 Noon, as the F.I.R., Ex. P-1. In our opinion, the complaint, Ex. P-1, could not be treated as the F.I.R. in the case as it certainly would be a statement made during the investigation of a case and hit by Section 162, Cr.P.C. As a matter of fact the High Court recorded a ....