Criminal Trial-First Information Report Unexplained delay in the lodging of First information Report-Inference.

Constitution of India, 1950-Article 136-Interference-if evidence afflicted with ex-facie infirmity.

This Court does not normally reappraise evidence in an appeal under article 136 of the Constitution; but that fact would not prevent interference with an order of conviction, if, on consideration of the vital prosecution evidence in the case the Court finds it to be afflicted with ex-facie infirmity.

The appellant was sentenced to death under s. 302 Indian Penal Code. The trial Court and the High Court based the conviction of the appellant primarily upon the testimony of two witnesses one of whom according to the prosecution case was present when the accused made murderous assault on the deceased and the other arrived soon after. Neither of them nor anyone else who was told about the occurrence by the two witnesses made any report at the police station for more than 20 hours after the occurrence even though the police station was only two miles from the place of occurrence.