HYDERABAD : Though some preliminary work done by police relating to a cognizable offence prior to registration of FIR cannot be termed as investigation or collection of evidence as per Section 2(h) of CrPC, registration of FIR at a later stage cannot be found fault with. However, it is a generally accepted rule that registration of FIR shall precede investigation, the HC observed.
A division bench made this observation while dismissing an appeal made by M Srinivas of Siddipet against the award of life term by a local court for the death of his wife.
According to the prosecution, when the accused-appellant’s wife refused to have sex with him, he suspected that she had some affair and decided to kill her. He axed her to death on the night of September 12, 2008 at home.
After probe, police laid a charge sheet and the trial court framed charges against him under Secs 302, 379 and 498-A of IPC and Secs 3 and 4 of Dowry Prohibition Act. He pleaded not guilty and preferred to be tried. The trial court, in its order on Sept 28, 2010, found him guilty and sentenced him to life imprisonment. He then moved the HC.
The counsel said the case of the prosecution was unbelievable as much of the probe was completed before registration of FIR. Therefore, the FIR was by Sec 162 of CrPC, he argued.
The public prosecutor said the prosecution, by cogent evidence of witnesses who were close relations of the deceased, established the couple’s strained relation. Further, the FIR was not hit by Sec 162 of CrPC since the police commenced the probe only after registering FIR, he said.
The bench, while relying on a SC judgment, said investigation prior to registration of FIR was not hit by Sec 162 of CrPC. That FIR registration shall precede investigation is a general rule.
Sometimes, police may receive only a cryptic or an incomplete information about cognizable offence based on which the officer may proceed to the scene of offence to ascertain the truth. After completing such work, he may register FIR and embark on a full-fledged investigation,” bench said and upheld the conviction.