Non-examination of the Investigating Officer is a serious infirmity

 Sections 302 and 34 IPC Murder  Common intention Life sentence  Ocular evidence is not supported by medical evidence - Doctor had not found any other external or internal injury on body of deceased Neither any witness has specified that which side of Tangi was used in occurrence nor prosecution has obtained any clarification from any witness as to which side of Tangi was used in causing injury upon deceased Investigating Officer is the only competent witness who can prove the place of occurrence Non-examination of the Investigating Officer would not ipso facto discredit the entire case of the prosecution Non-examination of the Investigating Officer is a serious infirmity resulting in prejudice being caused to the appellants hence, on this score also the conviction of the accused persons cannot be sustained Prosecution failed to prove guilt of appellants beyond reasonable doubts Conviction and sentence set aside. [Paras 10 and 11]

Mahendra vs State Of Bihar CRLDB 347/1995 02/09/22 [ SUDHIR JJ ]

[ PATNA HIGH COURT ]