APREN JOSEPH ALIAS CURRENT KUNJUKUNJU & ORS. vs THE STATE OF KERALA

The Supreme Court upheld the convictions under Section 302 read with Sections 148 and 149 of the IPC, affirming that a belated First Information Report (FIR) does not invalidate a criminal investigation. The Court emphasized that while undue delay in lodging an FIR raises suspicion, in this case, the eyewitnesses' fear of retaliation justified the delay. The Court found the prosecution's case credible, supported by the circumstances of the occurrence, including the presence of moonlight aiding visibility.