expert opinion vs. oral version
vinod bansal
(Querist) 10 June 2008
This query is : Resolved
Sir I want to submit a case in which there are two sets of accused i.e. ABC & DEFG ,there is a eye witness in this case he is saying that real murderer are AB &C but police found in their investigation that real murderer are D,E,F, & G. Police also recovered weapon used in the murder at the instance of accused D,E,F, & G.Weapon Revolver was sent to FSL for expert opinion.Ballistic expert opined that this revolver was used in the present murder case because bullets which were removed (Taken Out) from the body of dceased and test fired bullets are fired from the same revolver.police discharged the accused AB & C and chargesheeted accused D,E,F, & G.but later on eye witness appear in the court and stated that real murderer are AB & C and D,E,F, & G.are not murderer,resultly AB &C summoned by the court us 319 crpc & now position is that two sets of accused are before the court one is AB &C & another is D,E,F, & G. Eyewitness is saying that real murderer is AB &C but FSL (Expert)report says real murderer is Accused D,E,F,& G.which version is acceptable.
Srinivas.B.S.S.T
(Expert) 11 June 2008
mere recovery of the muder weapon cannot make the persons who made the disclosure as accused. but in this present case a thread is missing. you have told that the weapon is sent to ballistic experts who declared that the bullets from the revolver are one and the same with the bullets in the body of the deceased. but you have not disclosed about the finger prints. police must have sent it for the finger prints expert also to verify and see whether the finger prints on the trigger matches with those of DEFG. If police didnt sent so they we cant fasten the criminal liability to DEGF or DEFG as stated by you only because they led to discovery of the weapon. Mainly beacuse the person purported to be the eye witness is saying some thing different. But we must also see that what the so called eye witness said in his 161 Cr.P.C statement. So please give the fuller details so that we can try to help out the innocent ok?
vinod bansal
(Querist) 11 June 2008
First of all i would like to say thanks for warm response on my query further i want to add some more facts regarding this case, present fir was lodged by one mr. sunny and he got recorded his statement us 161 crpc that he witnessed whole incident and AB & C committed murder in his presence,police registered FIE against AB & C and start investigation,during the investigation some other eyewitnesses stated us 161 before police that they were also present at the place of occurence and Accused DEFG commit murder in their presence ..cont...
vinod bansal
(Querist) 11 June 2008
Police interogate Accused AB & C but found them innocent,After some days police of another Distt.(Hisar) arrested Accused DEFG in some another case and there Accused DEFG confessed that earlier they also commit murder,they also got recovered revolver which was used in this murder than IO of this case arrested accused DEFG in this case and revolver and bullets which were removed from the body of the deceased were sent to FSL.FSL opined that bullets which were removed from the body of the deceased were fired from this revolver,Complainant us 164 crpc again stated that murder was committed by AB & C noy by DEFG another eyewitness stated us 164 crpc that when they reached at the place of occurence they saw dead body lying there and people gathered there were saying that one sardar and a langda person killed the seceased (Totally different story)Now there is three views before the court one is hear say so that is irrelevent second one is complainant who is still saying that real culprit are AB & C but there is nothing on file against AB & C expect the statement of complainant Third version is FSL Report which is against Accused DEFG there is also their confesional statements further more weapon was recovered in furtherence of their disclosure that is also against DEFG,Accused DEFG also got demarcated the place of occurence police challan is also against Accused DEFG Police is saying from the very begining that accused AB & C are not real culprit rather they were falsely implicated in this murder case,but court summoned AB & C us 319 crpc ....what will be the fate of this murder case...
Srinivas.B.S.S.T
(Expert) 16 June 2008
1st thing is that the confession statement of Sunny before the police doesnot bear any value as the same is hit by 162. But as the complainant stated in his 164 and judge has issued process under 319 these guys have to face the trial but dont worry by expoliting the latches of prosecution and the contradictions of the socalled eye-witnesses they can easily get an acquittal.
