WHAT IS INQUEST REPORT ?

 INQUEST REPORT

 Scope and Object :-

The Inquest report is merely to ascertain whether a person has died under suspicious circumstances

or unnatural death, and if so what is the apparent cause of the death. Details of the attack of the deceased

are not necessary to be mentioned. – State of U.P vs. Abdul (AIR 1997 SC 2512).

The scope and object of the inquest report has been elaborately discussed recently in the case of

Radha Mohan Singh vs. State of U.P – (2006) 2 SCC 450 as follows

“It is limited in scope and is confined to ascertainment of apparent cause of death – It is

concerned with discovering whether in a given case the death was accidental, suicidal or

homicidal or caused by animal, and in what manner or by what weapon or instrument the

injuries on the body appear to have been inflicted – Details of overt acts need not be recorded

in inquest report – question regarding details as to how the deceased was assaulted or wno

assaulted him or under what circumstances he was assaulted or who were the witness of the

assault is foreign to the ambit and scope of the proceedings under section 174 – No

requirement in law to mention details of FIR names of the accused or the names of

eyewitnesses or the gist of their statements in inquest report, nor is the said report required to

be signed by any eyewitness.”

The purpose and object of inquest report and Section 172 of Cr.P.C. has been stated as follows –

Section 174 read with 178 of Cr.P.C. – Inquest report is prepared by the Investigating Officer to findout

prima-facie the nature of injuries and the possible weapons used in causing those injuries as also the

possible cause of death – Non-disclosure of name of assailants by eye-witnesses – Merely on this ground

eye-witnesses cannot be disbelieved – Suresh Rai vs. State of Bihar (AIR 2000 SC 2207).

In State Rep. by Inspector of Police, Tamil Nadu V. Rajendran & Ors. reported in 2008 (8)

Supreme 188, it was held by the Hon'ble Apex Court that,

"As rightly submitted, the inquest report need not contain the names of all the witnesses".

The inquest report is prepared for the purposes mentioned in section 174, CrPC and not

for corroborating the prosecution case.

Satbir Singh Vs State of Uttar Pradesh, AIR 2009 SC 2163

7

EVIDENTIARY VALUE OF STATEMENTS RECORDED

UNDER SECTIONS 161 and 164 OF CRIMINAL PROCEDURE CODE:

(a). Evidentiary Value:-

Section 161 of Cr.P.C. – Statement recorded under S.161 Cr.P.C. shall not be used for any purpose

except to contradict a witness in the manner prescribed in the proviso to Section 162 (1) – Further the First

Information Report is not a substantial piece of evidence – Baldev Singh vs. State of Punjab (1990 (4)

SCC 692 = AIR 1991 SC 31).

In Rajendra singh vs. State of U.P – (2007) 7 SCC 378 the Hon’ble Apex Court has held that,

“A statement under Section 161 CrPC is not a substantive piece of evidence. In view of the

provision to Section 162 (1) CrPC, the said statement can be used only for the limited purpose of

contradicting the maker thereof in the manner laid down in the said proviso. Therefore, the High

Court committed a manifest error of law in relying upon wholly inadmissible evidence in recording

a finding that Respondent 2 could not have been present at the scene of commission of the

crime.”

Section 164 Cr.P.C. Statement – It can be used for corroboration or contradiction. In Sunil Kumar

and others vs. State of M.P. reported in AIR 1997 SC 940 the Hon’ble Apex Court has held that,

“20. .... This conclusion of ours, however, does not in any way affect the merits of the

prosecution case for we find that immediately after PW 1 was taken to the hospital his statement

was recorded as a dying declaration which, consequent upon survival, is to be treated only as a

statement recorded under Section 164 CrPC and can be used for corroboration or contradiction.

....”

(b). Confrontation of Statement:-

Sections 161 and 162 of Criminal Procedure Code – The Witness not confronted with the statement

– The Court cannot subsequently use the statement even for drawing any adverse impression against the

witness – Dandu Lakshmi Reddi vs. State of A.P. (AIR 1999 SC 3255).

(c). Signing of Statement:-

Sections 161 and 162 – Statement of witness – If thumb impression or signature obtained – Such

statements are unreliable – Gurnam Kaur vs. Bakshish Singh and others – AIR 1981 SC 631.

Section 161 – Signing of statement – It merely puts the Court on caution and may necessitate in

depth scrutiny of the evidence, but the evidence on this account cannot be rejected outright – State of U.P

vs. M.K. Anthony – AIR 1985 SC 48.