TMI Blog2010 (3) TMI 1202X X X X Extracts X X X X X X X X Extracts X X X X ..... n for the purpose of going to their house. Further allegation was that the accused Sri Shrawan Kumar, Sri Patai @ Krishna Kumar and Brij Kishore, who were armed with country made pistols, accosted the deceased. 3. It was alleged that the accused Ganesh Singh, who was travelling in the same train but in a different compartment, after alighting from the train exhorted that it is the opportune time to eliminate Sri Vikramaditya Singh, the deceased, whereupon the present appellants Brij Kishore and Patai @ Krishna Kumar dragged his father from the platform of the station to a place under a Peepal tree whereupon Sri Shrawan Kumar and Ganesh Singh put their country made pistols at the deceased and fired shots consequent to which Vikramaditya Singh died instantaneously. On hue and cry having been made by Prithvi Pal Singh @ Chandra Prakash Singh - the informant and Sri Jagannath Dubey, Sri Iqbal, Sri Mahendra Singh, Sri Ram Prasad Sharma and some other persons of village Gangaganj came to the place of occurrence and saw the appellants running away from that place. It is further alleged that Prithvi Pal Singh had written the First Information Report at the spot itself and had submitted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppearing for the said two accused persons namely Patai and Brij Kishore very forcefully submitted before us that none of the aforesaid two appellants had fired any shot at the deceased and the allegations that have been made against them are that they were only holding the deceased and consequently, it could not have been held that there was any pre-conceived or pre- concerted meeting of minds and therefore their conviction under Section 302 read with Section 34 IPC is illegal. 9. It was also submitted that the prosecution has failed to prove that the present appellants had shared an intention common with that of the other two accused persons namely Ganesh and Shrawan Kumar who had in fact fired shots from their country made pistols at the deceased resulting in his death. The next submission of the counsel appearing for the appellants was that this is a case where there were two separate First Information Reports lodged with the police - the first one was lodged at about 4.30 p.m. by the Assistant Station Master whereas the First Information Report second in point of time was lodged by P.W. 1 at about 5.15 p.m. The counsel for the appellant forcefully contended before us that si ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g the contents of the said message, it cannot be said that there was any possibility of recording a First Information Report on the basis of the message sent to the GRP by the Assistant Station Master. There is no concrete evidence to indicate that any such information was in fact sent and received at the police station. In order for a message or communication to be qualified to be a First Information Report, there must be something in the nature of a complaint or accusation or at least some information of the crime given with the object of setting the police or criminal law into motion. It is true that a First Information Report need not contain the minutest details as to how the offence had taken place nor it is required to contain the names of the offenders or the witnesses. But it must at least contain some information about the crime committed as also some information about the manner in which the cognizable offence has been committed. A cryptic message recording an occurrence cannot be termed as a First Information Report. 16.In Ramsinh Bavaji Jadeja v. State (1994) 2 SCC 685, this Court, while dealing with the issue as to when investigation commences, observed with regard ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... foresaid train but the two other persons namely, P.W. 1, Prithvi Pal Singh, the informant and P.W. 3 Sri Jagannath Dubey, also travelled with him in the same train and all the three got down at the Rooma Halt Railway Station where the incident had taken place. Therefore, there is no reasonable ground to doubt that P.W. 1, the informant and P.W. 3 are not the natural witnesses. They had in fact accompanied the deceased and also observed and saw the manner in which the entire incident had happened and taken place. P.W. 4, Iqbal Singh was also a fellow traveller in the same train who had also got down at the Rooma Halt Station. He has clearly stated that he had seen the occurrence. There is nothing on record to cast a doubt as to the presence of P.W. 4 also at the time and at the place of occurrence. The evidence adduced by P.W. 1 and P.W. 3 clearly corroborate each other with respect to the fact that both the present appellants had accosted the deceased with pistols in their hands and both of them had dragged the deceased from the platform to the place near the Peepal tree where he was shot dead by the other two accused persons. 19.The evidence adduced thus clearly establishes tha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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