273. Map or plan to accompany chargesheet in certain cases. [§ 12, Act V, 1861].
(a)A map or plan shall always accompany the chargesheet in cases of murder, dacoity, serious riot, mail robbery, highway robbery, extensive burglary or theft where Rs. 600/- or more are stolen. Ordinarily, maps will not be required in cases other than those mentioned above; but the investigating officer may, at his discretion, prepare and send up a map in any other case. The map shall be prepared at as early a stage of the investigation as possible.(b)The map shall, if possible, be drawn to scale, but this is not essential. If not drawn to scale, the fact shall be noted clearly on the map.(c)The draughtsman or investigating officer who prepares the map shall bear in mind that it is essential for a correct appreciation of the situation by the Court and jury that a clear distinction should be made between (i) facts actually seen by the draughtsman himself, and (ii) facts deposed to only by witnesses. Statements made by the draughtsman as to the first group are always relevant, his statements as to the second are prima facie inadmissible and cannot be used as primary evidence to go to the jury.It is necessary to maintain a suitable distinction in the map between these two sets of facts. This distinction shall be effected as follows :-(i)The objects actually seen by the person preparing the map including such permanent features as buildings, trees, roads, paths and tangible points connected with the case, such as blood-stains, footprints, cloth and corpse, etc., actually seen by him shall be indicated by letters of the alphabet, A, B, C, D etc., explanations of these letters being given preferably in the margin of the map, but if this cannot be conveniently done, the explanations shall be furnished on a separate sheet of paper attached to the map.(ii)Particulars derived from witnesses, e.g., the place where witness X is said to have stood, where the accused is said to have been standing when seen by X, where the blow was struck, etc., shall be indicated on the map by the numbers 1, 2, 3, 4, etc. The explanations of these numbers, however, shall on no account be given on the face of the map or on the separate sheet of paper referred to above, but on another sheet of paper distinct-from either the map or the list of explanations of the actual facts indicated by letters.(d)The number of the case and the name of the accused shall be given at the top of the map, and the signature of the person who prepared it at the foot. Use should always be made of cadastral and other maps, where they are available and are of sufficiently large scale.(e)The draughtsman or the investigating officer who prepared the map shall be produced as a witness at the trial.
