Short Note : 1. Although the incident took place in the evening of 24-1-1970 as stated by the eye-witness, the FIR was lodged as late as on 27-1-1970 in the afternoon by the Kotwar. But the delay has been sufficiently explained by the prosecution. According to Kawasi Deve (PW 1), after the incident he went and informed the mother of the deceased Madkami Deve (PW 2) and Madkami Chinga (PW 8). These two witnesses have corroborated him by stating that on the next day morning i.e. on Sunday morning, they were informed by Kawasi Deve (PW 1) about the incident. These two witnesses then proceeded to village Gafdi, the place of incident, in order to ascertain the fact and there they collected the village Patel and Panchas and the appellant confessed his guilt. The Katwar was then sent far from village Manakpal and according to the Kotwar the informant Madvi Handa, uncle of the appellant (PW 9) came to him on Monday and the Kotwar enquired as to why he did not come on Sunday. The Kotwar must have reached the place of incident on the same evening and verified the fact. On Tuesday i.e. 27-1-70, he must have proceeded to the Police Station which was 22 miles away. Therefore the delay cannot in any way effect the prosecution case. Aprin Joseph v. State of Kerala, AIR 1973 SC 1 . Apanoo v. State of U. P. AIR 1971 SC 296 , relied on. Appeal partly allowed.