Validity of charge sheet

Non examination of IO is not always fatal but has to be explained. Because IO being associated with the investigation at each stage becomes an extremely important witness to prove search/seizures/disclosures etc. and in event of a doubt being raised as  the propriety of investigation his examination becomes important, otherwise it is not always fatal. 

I appreciate Mr Bharat advice but panchanama depicts the spot where in incident happen,  in absence of evidence of IO due to unforeseen reason the truthness of the panchana can be gathered or corroborated from the statement of the  witness of the cases and also from the person who has signed the panchana apart from the IO.

Thanks Mr Surjit Singh.

You point is very valid.  You may have missed the fact that Adv Chugh has also asserted the same point in his first line.  However, since the whole case pivots around the investigation report, the IO being around to guide through the case is very important.  Else, his reason for not presenting himself for examination should be properly explained.  You can well imagine a scenario where the IO may have been inluenced to make an investigation report  just to harass the accused and his absence may be construed to be the apprehension of  hisinability to survive the cross examination of the defence lawyer!

Adv Chugh, it would be a great help if you can suggest references in the law book to substantiate your opinion.

Thanks.