LexKIRENDER SARKAR AND ORS. versus STATE OF ASSAM
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[2009] 6 S.C.R. 1133 KIRENDER SARKAR AND ORS. A v. STATE OF ASSAM (Criminal Appeal No. 845 of 2009) APRIL 27, 2009 B [DR. ARIJIT PASAYAT AND DR. MUKUNDAKAM .. -) SHARMA, JJ.] Penal Code, 1860 - ss.147, 448 and 323 - Conviction under, by Courts below - Challenged, on ground of non- c naming of some convicts in the FIR - Held: FIR is not an encyclopedia of the entire events and cannot contain the minutest details of the events - FIR is not substantive evidence and cannot be used for contradicting testimony of eye witnesses except that it may be used for purpose of D contradicting maker of the report - Non-naming of one or few accused persons in the FIR is no reason to dis-believe the testimony of crucial witnesses - On facts, the evidence of PW- 1, who lodged the FIR, was clear and cogent - Conviction upheld - F.l.R. - Non-naming of accused - Effect of, on E testimony of witness. According to the prosecution, the accused persons, armed with iron-rod, spear, lathi and fire-arm, committed criminal trespass into a school; assaulted a school clerk F and kept him in confinement. PW1, a teacher in the said ' "'! school, lodged FIR, pursuant to which the accused- appellants were convicted by the Courts below under ss.147, 448 and 323 IPC. • In appeal to this Court, the conviction of the G appellants was inter alia challenged on the ground that names of some of the appellants was not mentioned in the FIR. ' ~ 1133 H 1134 SUPREME COURT REPORTS [2009] 6 S.C.R. 1 A Dismissing the appeal, the Court HELD: The law is fairly well settled that FIR is not supposed to be an encyclopedia of the entire events and cannot contain the minutest details of the events. When B essentially material facts are disclosed in the FIR that is sufficient. FIR is not substantive evidence and cannot be used for contradicting testimony of the eye witnesses except that may be used for the purpose of contradicting .,, ,. maker of the report. Though the importance of naming c the accusing persons in the FIR cannot be ignored, but names of the accused persons have to be named at the earliest possible opportunity. The question is whether a person .vas impleaded by way of afterthought or not must be judged having regard to the entire factual scenario in · D each case. Therefore, non naming of one or few of the accused persons in the FIR is no reason to dis-believe y the testimony of crucial witnesses. The evidence of PW1 was clear and cogent. [Para 6] [1137-C-F] CRIMINAL AP PELLA TE JURISDICTION : Criminal Appeal E No. 845 of 2009. From the Judgment & Order dated 2.3.2007 of the High .Court of Gauhati in Criminal Appeal No. 335 of·2001. S.B. Sanyal, Anil Kumar Sharma, Aditya Sharma and K.S. F Rana for the Appellant. Ng. J.R. Luwang, Momota Oinam and Corporate Law Group for the Respondent. G The Judgment of the Court was delivered by DR. ARIJIT PASAYAT, J. 1. Leave granted. 2. Challenge in this appeal is to the judgment of a learned Single Judge of the Guwahati High Court, dismissing the H t' KIRENDER SARKAR AND ORS. v. STATE OF 1135 ASSAM [DR. ARIJIT PASAYAT, J.] appeals so far as appellants are concerned while directing A acquittal of some of the co-accused persons. Eighteen persons ·~· faced trial· out of which nine were 'acquitted by the trial Court and the High Court. One of the accused persons died during the trial and seven accused persons, the present appellants were convicted for offence punishable under Sections 147, 448 B and 323 of Indian Penal Code, 1860 (in short the 'IPC') and ·~ -I were sentenced to undergo rigorous imprisonment for one year, six months and 3 months respectively. I 3. Prosecution version in a nutshell is as follows: c On 30.7.1990 Md. Nazir Ahmed, Assistant Teacher of Ambari H.E. School lodged an Ejahar, Ext. 1, with the Officer- in-charge, Murajhar Police Station, on the allegations that on the same day at about 10 a.m. in the forenoon, the accused persons committed criminal trespass into the school and tried D to give lesson in the classes and some outsider accused persons being armed with iron-rod, spear, lathi and fire-arm gheraoed the school and when the accused teachers entered into the school, the outsider antisocial elements committed criminal trespass into the school and started assaulting the · E clerk of the school and alongwith them students also started assaulting the clerk. The clerk was taken away after
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