TMI Blog1940 (12) TMI 32X X X X Extracts X X X X X X X X Extracts X X X X ..... r 23, and then found the locks on the doors of the flat and cupboards broken, and some of his goods missing. He went round to the police at once and gave information. He gave a list of the articles which, he said, he had lost, which) were articles of no great value, worth about ₹ 50 or ₹ 60 and he stated that he had no suspicion against anybody. Police Sub-Inspector Harris went round to the flat and found that things were disturbed, and it looked as if there had been house-breaking. The complainant says, and that no doubt is true, that the police asked him not to touch anything because they hoped to find some fingerprints. The next day, the complainant says, after the police allowed him to touch his things, he looked into a secr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... but, on the other hand, probably somebody did break into the flat. I should think it unlikely that the whole thing was stage-managed, although that is conceivable. There is no doubt that when the police went to the flat, it showed signs of having been broken open. 4. Now, the evidence against the accused is, first of all, that he was admittedly left in the flat. He says that he remained there for some time. He wrote two letters, which are in evidence, asking the complainant for money to enable him to continue to live in the flat, and as the complainant did not send any money, he says that he left, throwing the key into the flat through a window. At any rate he was at one time in charge of the flat, and the evidence that he committed the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of the accused. So far as Gopal is concerned, his evidence is obviously wrong in respect of the ghati, because the complainant says that he never had a ghati in his employ, and yet Gopal says that he knew him as the employee of the complainant for seven months. It is difficult to see why, if the evidence as to the ghati is entirely false, the evidence as to the accused should be accepted as entirely true. There is no such criticism of Hasanali's evidence, but he had not seen the accused before and the evidence of identification of the accused is most unsatisfactory. Deputy Inspector Kale, who was in charge of the case, says that he held an identification parade at which Hasanali and Gopal at once identified the accused, and he then p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arade has been properly held, and Deputy Inspector Kale recognized that in this case and summoned panchas; but if the prosecution wish to prove by independent testimony what happened at the parade, they must call the independent witness. The panchnama is merely a record of what a panch sees, and the only use to which it can properly be put is that when the panch goes into the witness box and swears as to what he saw, the panchnama can be used as a contemporary record to refresh his memory. But a police-officer is not entitled to give evidence of what the panch told him, that he saw, and that is what it comes to if a police-officer is allowed to put in the panchnama. A police witness may state that he held a panchnama and offer to produce th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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