2023 YLR NOTE 38
According to the prosecution story, occurrence took place in the house of deceased in dark night and no source of light has been described by the prosecution. It is also pertinent to mention here that the Investigating Officer has not taken into possession any source of light, so as to prove that sufficient light was present at the time and place of occurrence for the witnesses to make a positive identity of the assailants. This fact has created further dent in the prosecution case.
It has been further noted that the postmortem examination on the dead body of deceased was conducted on 27-05-2014 at about 04:45 p.m. with the delay of 16 hours and 45 minutes, an adverse inference to the prosecution’s case can be drawn that the intervening period had been consumed in fabricating a story after preliminary investigation and to wait for the relatives of the deceased, who were made witnesses subsequently, otherwise there was no justification for not dispatching the dead body to the mortuary and providing police papers with such delay.
The law is settled by now that if the prosecution asserts a motive but fails to prove the same, then such failure on the part of the prosecution may react against a sentence of death on the charge of murder
There was a blackening around the injuries of
deceased whereas according to site plan fire shots were made at the body of deceased from the distance of 5 feet. According to renowned author, Parikh’s text book of medical jurisprudence and toxicology, if an injury from pistol shot is made within a distance of two feet, the blackening will occur otherwise not. Also in Modi’s Medical Jurisprudence and Toxicology (21sth Edition at Page 227 it has been stated that “ Blackening is found, if a firearm like shot-gun is discharged from a distance of not more than 3 feet and a revolver or pistol discharged within about 2 feet.
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