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Head Note

Criminal Laws  - Interested witness

Interested witness - Related witness - Meaning of - A witness may be called 'interested' only when he or she derives some benefit from the result of litigation. 2008(16) SCC 73, relied.

Criminal Laws  - Medical evidence and ocular evidence

Medical evidence and ocular evidence - While appreciating the variation between the medical evidence and ocular evidence, primacy is given to the oral evidence of the witnesses.

Indian Penal Code,1860  - Section 302 , The Code of Criminal Procedure, 1973  - Section 156

Defective Investigation - Murder committed with Daranti - Daranti and blood stained pyjama recovered - No serologist report obtained in relation to Daranti and blood stained pyjama - Prosecution would not fail on the ground - This is merely a defect in investigation - A defective investigation, unless affects the very root of the prosecution case and is prejudicial to the accused, should not be an aspect of material consideration by the court - Prosecution case was proved otherwise beyond reasonable doubt - Defect in the investigation or omission on the part of the investigating officer, cannot prove to be of any advantage to the accused.

Indian Penal Code,1860  - Section 302 , The Code of Criminal Procedure, 1973  - Section 156

Defective Investigation in murder case - Director General of Police directed to take disciplinary action against Investigating Officer irrespective of whether retired or in service - If retired action be taken with regard to deduction/stoppage of pension - Murder committed with Daranti - Investigating Officer recovered the Daranti and blood stained pyjama - Investigating officer did not obtain report to serologist report in respect of Daranti and pyjama to match it with blood group of deceased - This lapse on part of Investigating Officer could not be overlooked by Court - Director General of Police directed to take disciplinary action against the concerned officer irrespective of whether he is in service or has since retired and if retired the action shall be taken with regard to deduction/stoppage of his pension in accordance with the service rules - The ground of limitation, if stated in the relevant rules, will not operate as the inquiry is being conducted under the direction of this Court.

Topic(s)-Defective Investigation , Interested Witness , Related Witness , Medical Evidence and Ocular Evidence

Important Decision(s)- 

• Defective Investigation - No serologist report obtained in relation to Daranti and blood stained pyjama - Prosecution would not fail on the ground.
• Defect in the investigation or omission on the part of the investigating officer, cannot prove to be of any advantage to the accused.
• Director General of Police directed to take disciplinary action against Investigating Officer irrespective of whether retired or in service - If retired action be taken with regard to deduction/stoppage of pension.