Another day at High Court, waiting for my case to reach and listening to some on going Proceeding.
This is something interesting… While the lawyers were trying to figure out a way to get though the case, the Hon’ble Judge made a marvelous observation.
So there were two FIRs(First Information Report), basically counter FIRs.
In the First one, the Complainant lodged FIR stating that while he was unpacking his stuff at the home that he recently got possession of from the tenants through a court decree. The unpossessed tenants, forcefully entered the premises and started quarrelling with the complainant which finally resulted in a fight and caused several injuries.
On the other hand the tenants also lodged FIR at the same time and date stating that the decree holder is a bad and influential person and that he has caused hurt to the tenant which resulted in several injuries and further stated that the decree holder started quarrelling with them.
Upon these two FIRs, the Hon’ble Justice made an observation that one of the FIR is false. He clarified that in order to look into the sanctity and correctness of the FIR, it is important to look into the Genesis of Crime. By this principal, Hon’ble Judge observed that since the FIR filed by the decree holder discloses the complete description as to how exactly the fight started i.e. the FIR clarified that they were at home and unpacking their things, it discloses the Genesis of Crime, as to how and when the fight started. Where as on the other hand, the second FIR no where made a disclosure of the fact that how and when the fight took place, more so how did it started.
Upon these observations, Hon’ble Judge ordered that since there are contradictions in the two FIRs the one filed by the Decree holder shall sustain as it discloses the Genesis of Crime.
I really find this one pretty interesting and effective. And truely speaking, this was the first time that I have ever thought of Genesis of Crime in this way. It is so much more important to determine the reason and to understand that why the crime started. It not only allows a person to understand the mentality, in fact it allows a judge to determine the intention of the criminal. And intention is afteall what we look when there is a criminal matter.
Like in the above-mentioned circumstances, looking into the Genesis it is very clear that the decree holder acted in self defence, because he was at his own home and the unpossessed tenants under frustration did the act.
I hope this is helpful and that the Law develops more.. Enjoy!