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PETITIONER: MOHINDER SINGH
Vs.
RESPONDENT: THE STATE
DATE OF JUDGMENT: 17/10/1950
BENCH: FAZAL ALI, SAIYID BENCH: FAZAL ALI, SAIYID MUKHERJEA, B.K. AIYAR, N. CHANDRASEKHARA
CITATION: 1953 AIR 415 1950 SCR 821 CITATOR INFO : R 1963 SC 340 (19) D 1963 SC 612 (22) RF 1963 SC1511 (5) F 1975 SC1727 (14) F 1977 SC 472 (5)
ACT: Criminal trial--Murder--Ijuries caused by lethal weap- ons-Duty of prosecution--Importance of expert evidence--Duty to prove whole case--Evidence wanting on material point--Impropriety of conviction--Proof of alibi--Standard of proof--Supreme Court-Criminal appeal--Interference--Practice.
HEADNOTE: In a case where death is due to injuries or wounds caused by a lethal weapon, it has always been considered to be the duty of the prosecution to prove by expert evidence that it was likely or at least possible for the injuries to have been caused with the weapon with which, and in the manner in which, they are have been caused. Where in a case of murder, the prosecution case was that the accused shot the deceased with a gun, but it appeared likely that the injuries on the deceased were inflicted by a rifle and there was no evidence of a duly qualified expert to prove that the injuries were caused by a gun, and the nature of the inajuries was also such that t...