Delay in Lodging FIR not sufficient ground for Acquittal, rules HC

In a grim case of domestic violence turned fatal, the Karnataka High Court has stepped in to examine whether a father convicted of murdering his son-in-law could escape life imprisonment on grounds of delay in filing the complaint and alleged evidentiary gaps. The appeal challenged a trial court ruling that had sentenced the accused to life under Section 302 IPC for a late-night assault in Shivamogga district. At stake was a crucial question, can procedural delay outweigh direct eyewitness testimony from within the family?

The controversy began on the night of August 6, 2017, when Shivakumar was allegedly attacked with a wooden log while asleep in his home at T. Gopagondanahally village. The prosecution claimed the assailant was none other than his father-in-law. Shivakumar’s wife, Netra (PW3), who is also the accused’s daughter, witnessed the assault. The injured man was rushed first to Mc.Gann Hospital in Shivamogga and later shifted to Wenlock Hospital in Mangaluru, where he succumbed to abdominal injuries three days later.

The defence argued before the High Court that the complaint was filed only after the death, that no immediate medico-legal case was registered, and that these lapses cast serious doubt on the prosecution’s version. Counsel insisted the delay was fatal to the case and that the trial court had overlooked material inconsistencies.

The State countered that the conviction rested firmly on credible eyewitness testimony, corroborated by medical and circumstantial evidence, including witnesses who saw the accused fleeing the scene.

The Division Bench carefully reviewed the record and found no reason to disturb the Trial Court’s findings. Emphasising the weight of the daughter’s testimony, the Court noted that nothing was elicited in cross-examination to suggest false implication. It observed that in crimes within the family, the immediate instinct is to save the injured, not rush to the police station. The Bench categorically held, “The mere delay in lodging the complaint, in the facts and circumstances of the present case, cannot be a ground to acquit the accused.”

Medical evidence confirmed death due to complications from blunt abdominal trauma, consistent with the assault described. Finding the prosecution case coherent and supported by both eyewitness and medical evidence, the Court dismissed the appeal and upheld the life sentence. It also directed payment of Rs.10,000 as fee to the Amicus Curiae.