Law: Penal Code (XLV of 1860)

Section: 302

    (a) Penal Code (XLV of 1860)  S. 302-Llwder-Deceased while making purchases in a cattle market, alongwith two prosecution witnes3es, shot twice in head by accused-Alarm raised, accused bolting away, police arriving, witness in deceased's company naming accused, pointing him out while in act of running, chase given and accused arrested within 40 minutes alongwith pistol (charger missing but one cartridge still in chamber), a sum of Rs. 300, receipt regarding blood test of his brother admitted in Hospital, a microphone, and a copy of licence-Motive for crime being retalia tion for injury caused by deceased to accused's brother three months earlier and his being hospitalised since then-F. I. R. lodged immedi ately, inquest and post-mortem reports made within a few hours, recoveries also effected wits out loss of time-No time left for prosecu tion to indulge in padding or to plant on accused articles allegedly recovered- No reason either for prosecution to substitute accused for real culprit-Offence, held, proved-Prosecution witness named in F. I. R not traceable despite all attempts--No adverse inference against prosecution to be drawn-Slight concession grade by one prosecution witness in accused's favour-Not fatal to prosecution story otherwise fully established. (b) Forensic Ballistics Deflection of projectiles-Bullet fired from fire-arm-May adopt an unpredictable course-May be deflected due t3p impact on, or resistance offered by, various types of tissues, bones, etc.-Penal Code (XI-V of 1860), S. 302. Taylor's Principles and Practice of Medical Jurisprudence, Vol. I, p. 446. fol (c) Maxim Falsus in uno falsus in omnibus (false in one false in all)--Witness Maxim discarded by Superior Courts of country-Integrity of witness-No longer indivisible. Date of hearing : 6th March 1975.                                                                                                    …