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Head Note

Indian Penal Code,1860  - Section 302

Conviction in Murder Case - Inconsistency between ocular evidence and medical - Eye-witnesses stated that accused persons fired bullets from revolvers - But the only one bullet recovered from body of deceased was of rifle - FSL report, however, showed that fire arms used by the accused persons were improvised fire arms or Country made handguns capable of firing 303 rifle cartridges, but having defective firing capacity - Mention of revolvers as weapon of offence by eye-witness or non recovery of revolver bullet either from body of deceased or from place of occurrence does not belie prosecution story - One bullet has been recovered from the occipital region of the deceased and another bullet and an empty cartridge have been recovered from the place of occurrence - Moreover all the eye-witnesses have a vivid and true account of the incident and had seen the occurrence on close range and as they were residents of the locality - Conviction of accused upheld.

The Indian Evidence Act, 1872  - Section 9

Test identification parade - Murder Case - Arrest of accused - No test identification parade held - Test identification parade is not relevant when eye-witnesses and accused belong to same locality and knew each other before incident.

Topic(s)-Test Identification Parade , Inconsistency Between Ocular Evidence and Medical

Important Decision(s)- 

• Mention of revolvers as weapon of offence by eye-witness or non recovery of revolver bullet either from body of deceased or from place of occurrence does not belie prosecution story.
• Test identification parade is not relevant when eye-witnesses and accused belong to same locality and knew each other before incident.