LexGURNUNATH DONKAPPA KERI AND ORS. versus STATE OF KARNATAKA
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(2009] 7 S.C.R. 817 -! GURNUNATH DONKAPPA KERI AND ORS. A V. STATE OF KARNATAKA Criminal Appeal No. 341 of 2006 MAY 06, 2009 B [S.B. SINHA AND CYRIAC JOSEPH, JJ.] • Penal Code, 1860 - ss. 302, 307, 143, 148, 504 rlw s. 149 I>- - Longstanding dispute between the parties - Murderous assault - Three deceased - Conviction of accused-appellants - Challenge to - Held: A holistic approach is required to be c taken in a case of this nature - FIR, having regard to distance between the place of occurrence and the police station, and in ·' peculiar facts and circumstances of the case, could not be ' said to have been lodged after long delay - Genesis of the occurrence was proved - False implication was unlikely - All D prosecution witnesses were natural witnesses - Essential ingredients to prove crime against the accused was categorically stated by them - Purported discrepancies in evidence of prosecution witnesses as to who had shifted the injured to hospital or the mode of transportation, was minor in E nature - Conviction accordingly upheld. There was a longstanding boundary dispute between PWs 1 & 2 and the accused in respect of their lands; both parties having filed civil suits in relation thereto. A further F quarrel ensued between the parties when some coconuts plucked by PW2 fell on the lands of the accused and A-1, A-5 and A-6 took away the same. According to the prosecution, with a vjew to get the dispute settled, PW-1 called his two maternal uncles and requested them to resolve the same whereupon they G + accompanied by their servant and PW-3 approached the village elders for settlement of the dispute whereafter A-1 to 5 were summoned; that to a suggestion mooted with 817 H 818 SUPREME COURT REPORTS [2009] 7 S.C.R. A regard to settlement of the dispute, A-1 expressed his intention to consult his children A-2 to 5 and 10 and left the place and that when he did not return back within reasonable time, having regard to the time gap, PWs 1 - and 2, the two maternal uncles of PW1 and their servant B went to the tea shop of PW-9 to have tea; that while they were taking tea, the accused persons arrived at the spot by a tempo, and shouting that the persons who wanted to settle the matter should not be allowed to do so, they ~ assaulted the two maternal uncles of PW1 and their ..+ c servant who were grievously injured. The three victims were taken to Primary Health Centre of the Village from where they were referred to Civil Hospital, Belgaum where they were declared dead. Placing reliance upon the evidence of PWs 1 to 3, D the trial court convicted eight accused viz. A-1 to A-6, A- 10 and A-13 under ss.143, 148, 307, 302, 504 r/w s.149 IPC. All the convicts filed appeals before the High Court, during pendency of which A-1 and A-2 died. The High Court acquitted A-5, A-6 and A-13 but upheld the conviction of E A-2, A-3 and A-10. Hence the present appeal by A-2, A-3 and A-10. Dismissing the appeal, the Court HELD: 1. A holistic approach is required to be taken in a case of this nature. [Para 11] [828-F] ; F 2. The first information report, having regard to the distance between the place of occurrence and the police station cannot be said to have been lodged after a long delay. The incident took place at about 2 O' clock in the G afternoon. It must have continued for sometime. The mental condition of the prosecution witnesses can be well ti- imagined. They had to arrange a transport to take three .. persons who were severely injured to the hospital particularly when one of them had suffered grievous H injuries. They were taken to the Primary Health Centre of GURNUNATH DONKAPPA KERI AND ORS. V. 819 STATE OF KARNATAKA i the village. The doctor was of the opinion, keeping in· view A the infrastructure available at Primary Health Centre, that they could not have been properly treated and thus advised to take them to Civil Hospital at Belgaum. The distance between the village and Belgaum is also considerable. Before coming to the police station, PW-1 B got the first information report scribed by PW-2 who is a graduate in Science. He wrote the same in English. That -'> must have also consumed some time. It was in the /. aforementioned circumstances that the first information report was lodged at the Police Station within a period of 2 % hours from the time when the incident had taken place; c the police station being at a distance o
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