Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Being Human (LLB)     15 March 2015

Trial in court - examination in cheif

HI Respected Members,

In this i am the complainant. There are few queries for the cheif examination in the case. IPC 326 is registered against the accused.

1. The hammer which is used by the accused to beat complainant in the 1st date of chief examination is changed by the police. My father aged 74 years, wrongly identified the changed hammer put by police. About false hammer i reported to police and public prosecutor. They told let the false hammer be there as evidence. But i will insisted to them that please bring the original hammer as this is the important evidence in my case and i don't know whether fingure print report of the hammer is done by the police or not. 

Now my question is does i go with false hammer or insist in the court that it is false hammer and bring the original hammer. My this decision can impact the case ...? as my father who is the complainant of the case identified the false hammer as the original hammer in the chief examination. Note - i am the co - complainant in the case. 


 4 Replies

T. Kalaiselvan, Advocate (Advocate)     18 March 2015

Please not that it is the case of the prosecution being prosecuted by the state.  Such lapses are abundantly prevalent all over he country, hence dont be bothered about all such petty issues, see if the prosecution is going in a right direction.

Being Human (LLB)     26 March 2015

What if the judge asked me to identify the hammer in the court. what should i tell....?

Yes, this is the same hammer or No, This is hammer is different.

Adv. Chandrasekhar (Advocate)     26 March 2015

Sir, you have raised a very, very important question.  You should take the entire prosecution file to your local counsel and discuss with him.  Sometimes, the prosecution with an intention of helping the accused for vested purposes change the weapon and give a leeway to the accused to prove that the material exhibit is not the offensive weapon and by doing so, the entire prosecution case collapses.  Refer to Jessica Lal case, where two guns were introduced by the prosecution and helped the accused in the trial court and the accused Manu Sharma was acquitted, but later on only High Court convicted him.  So, in your case if wrong hammer bereft of the finger prints of the accused was placed before the court, that would harm the case.  So, consult your local advocate and go through the entire prosecution evidence, more particularly the deposition of Malkhana Head constable and forensic reports evidence on the weapon, under your counsel's guidance.  Just your merely appearing in the court and refusing the weapon will certainly botch up the case.  So, take cautious steps and enlighten the court how prosecution is playing foul game in the case, but under expert counsel's guidance.

rajkiran (lawyer)     25 April 2015

identification of weapon can be a turning point in criminal case under hurt by dangerous weapon.if the issue is raised by defence lawyer that victim wrongly identified the weapon benefit of doubt can be given to accused.hence complaint about it in concerned sessions judge and send its copy to high court.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Related Threads