Can a judge presume some vital points

Proper investigation report and forensic report have to take into consideration before awarding verdict.

There was a crooked bullet (fired slug) was found at the spot. While taking charge under Panchanama, there is no mention of blood traces on the bullet. FSL report says, it has human blood smear of unconfirmed blood group. The wound entry when tested had traces of lead but no copper traces were found. Forensic expert has deposed that Police ammunition being copper jacketed, copper traces have to be found if the person is injured by police ammunition. He has also stated that only lead traces can be found if the injury is due to a lead projectile through country made weapon or muzzel loading gun.

 Team? Which policeman was identified as having fired the gun? If the forensic report is inconclusive, the conviction is based on surmise and conjecture.

If the deceased was a dacoit, then it will come under exception.

the firing was in respect of private defence and that too by public servants while exercising their duty. Hence conviction cannot be sustained even if it it is proved that the police officer has fired the bullet.

 Legality apart, we should be surprised at the judgement. What will happen? The higher courts will set aside the judgement of the "LEARNED JUDGE" OR is he a 'LEARNED MAGISTRATE"?

The deceased had an injury over the back so it can not be covered as right of private defence. The revolver bullet (the crooked slug) was fired from the weapon of the team member, but interestingly the panchanama of taking charge of bullet does not say that bullet is smeared with blood, however FSL report says it has human blood of inconclusive Blood group. (deceased had B+ blood) and most interestingly the packet containing the bullet took 7 long days for delivery at the lab (250 kms away) by hand delivery. There is no explaination for the delay on records. These things were brought to the notice of the LEARNED JUDGE (not a LEARNED MAGISTRATE) but it was just ignored.

If the bullet had pierced the body and according to the judicial presumption came out the same way, the question of bending of the bullet does not arise. Had it hit some hard surface (bone in the body?) there would be some chipping of bone but there is no such sign

Mr Suhas , You are right in your arguments. In appeal against conviction , if this point is high lighted, then the Hon'ble Judges may remand the matter back for re-examination of the Forensic expert who will have to be specificaally asked questions as to how the bullet became crooked. Further, in one of the judgment of the Bombay High COurt, it is held that if evidence once sealed is again re-opened for packing purpose or for showing it for identification, panchanama to that effect needs to be drawn up before two witnesses.

Dear All,

Not going into the technicality at this juncture I am surprised and amused as to how Mr.Suhas Gokhale has concluded "The deceased had an injury over the back so it can not be covered as right of private defence."

Regards

Daksh

That's what the Ld. Judge says in the judgement. As the injury is on the back, the accused can not claim that he had fired in self defence because it is evident that the running and retreating person(deceased) was fired upon.

The Ld. Judge says that according to the FIR filed by the accused, thay were attacked by a gang of dacoits with dangerous weapons like axes, sickles and knives. On the spot, abondoned footwares (chappals) were found but no dangerous weapon was found. It shows that what accused have mentioned in the FI is false. (Ld. Judge has ignored that a chappal can slip out of the feet of a running person but the firmly gripped weapon can not be expected to be dropped on the spot)

What about richotiating bullet?

What is the law that a docoit should be fired on the chest? If he is running away after committing murder and dacoity what the police is supposed to do? Chase and fire or wait for him turn around?

Do everything to effect arrest. Use reasonable force if arrest is resisted.

When bullets are flying around and reasonable is meaningless.