AIR 2011 SUPREME COURT 3147
(From: Andhra Pradesh)*
Criminal Appeal Nos. 1321 with 1327 of 2006,
D. 6-7-2011.
Gosu Jairami Reddy & Anr. v. State of A. P
WITH
Gosu Ramachandra Reddy & Ors. v. State of A. P
(A) Constitution of India, Art. 136- Appeal by special leave – Is not an ordinary or regular appeal against an or- der of conviction recorded by a competent Court – Does not sanction a second round of appellate hearing in crimi- nal cases – Reversal of views taken by Courts below simply because another view was possible on the evidence adduced-Not permissible. (Para 10)
(B) Evidence Act (1 of 1872), S. 8- Penal Code (45 of 1860), Ss. 302, 149 Motive for murderous assault Case 1 based on eye-witness account of incident Proof or absence of a motive is not of any significant consequence. (Para 13)
(C) Criminal P. C. (2 of 1974), S. 154 Delay in lodging FIR – One hour delay in lodging FIR Not inordinate so as to give rise to suspicion of report being distorted, inaccurate – Further, no opportunity to offer an explanation for delay in dispatch of FIR to Magis- trate put to Investigation Officer – Delay in receipt of report by Magistrate Not inordinate. (Para 18)
(D) Penal Code (45 of 1860), Ss. 302, 149. Evidence Act (1 of 1872), Ss. 3, 45-Murderous assault – Injury on neck of deceased attributed to one of accused by eye-witness However, not revealed in post-mortem examination report Discrepancy, immaterial –
Moreso, when both post-mortem report and eye witness depositions show that injuries were caused by sharp edged sickles that accused were carrying with them and are said to have used in course of incident – It is not always easy for an eye-witness to a ghastly murder to register precise number of injuries that were inflicted by assailants and part of body on which same were inflicted. Wounds and Weapons – Ocular and medical evidence Contradictions. 1 (Paras 28, 30)
(E) Evidence Act (1 of 1872), Ss. 3, 134- Eye-witness Credibility Every witness listed in charge-sheet need not be examined – Once deposition of eye-witnesses examined at the trial is accepted as trustworthy Non-examination of other witnesses would become inconsequential. (Para 31)