Law:

Section:

(a) Criminal Procedure Code (V of 1898)-- S. 154-First Information Report-Contents of-Section 154 requires giving of information relating to commission of cognizable offence but does not invariably require mention of details-Ancillary matters given only by way of abundant caution-First Informant traversing 7 miles, confronted with unforeseen murder taking place of his cousin in his view, having had to take refuge to avoid being hit by discharge of fire-arms, and also having to report matter to police instantly, unnerved in circumstances, and his faculty to observe each and every detail clouded, failure on his part to notice crime empties at spot of occurrence and to mention them in F. I. R., held, of no consequence-(Majority view).-[First Information Report]. Per Qaisar Khan, J (not agreeing) Criminal Procedure Code (V of 1898)- S. 154-Failure to notice four empties lying at ;A distance of a karam and a half from dead body-Very strange--Witness, had such empties b:en present on spot, would have either taken them to police station or would at least have mentioned them in F. I. R.-(Minority view). (b) Criminal Procedure Code (V of 1898)- S. 174 read with Punjab Police Rules, 1934, r. 25.35 and Form of Inquest Report, columns 22 & 23-Inquest report-Contents of­ Mention of articles lying near dead body-Not required to be made in Inquest Report-Description of wounds, or other marks of injuries on body of deceased, manner of causing injuries, and kind of weapon used, alone required to be mentioned-Non-mention of articles found near dead body in column 23 of Report-Does not amount to infraction . of rule-Rule 25.35 only directory and not mandatory and also does not provide for submitting list of articles found near dead body-List of articles on or with dead body alone required to be submitted-Omission by Investigating Officer to mention in Inquest Report articles found near dead body, held, cannot lead to inference of crime empties having not been on spot-Crime. empties having been seized only a little later, r. 25.35, sub-rule (7) complied with-Evidence of recovery, if otherwise reliable, held further, cannot be rendered in­credible merely for failure to mention…

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