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Crl.AppealNo.2295-2296of2010

Crl.AppealNo.2295-2296of2010

Crl.A.Nos.2295-2296 of 2010 -82-the case of State of Andhra Pradesh v. S.Swarnalatha &Ors. 30 , wherein even 26 days delay in recordingstatements of prosecution witnesses was not allowed bythis Court. The learned senior counsel also referredto the case of Jagjit Singh @ Jagga v. State ofPunjab 31in support of the above position of law.It was contended that the delay in recording thestatements of the accused and witnesses by police andreliance placed upon the same by the courts belowvitiated the finding recorded that the accused personsare guilty, and the same is liable to be set aside.There was delay in recording the statement of PW-52and PW-56 which is evident from the record that PW-52had stated that his statement was recorded on07.09.2003, while PW-56 stated that his statement wasrecorded in the 7 th or 8 th month of 2003. Thus, there30 (2009) 8 SCC 38331 (2005) 3 SCC 689

Crl.A.Nos.2295-2296 of 2010 -83-was a delay of almost of a year in recording thestatement of the aforesaid witness by the Police.Failure of prosecution to establish a nexus betweenthe accused persons and the crime as well as linkbetween the fidayeens and the accused persons.62. The learned senior counsel Mr. A. Sharan contendedthat for the prosecution to invoke common intentionunder Section 34 IPC or common object under Section149 IPC, it is required to establish beyond reasonabledoubt the connection between the accused persons andthe common intention/object of the crime with whichthey are charged. In this regard, it was submittedthat all the main prosecution witnesses, i.e PW-50,PW-51, PW-52 and PW-56 upon which strong reliance hadbeen placed by the learned senior counsel on behalf ofthe prosecution, had failed to show and establish thenexus either with common intention or object, or thecumulative effect of the proved circumstances, to

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