Note. PW4, the Village Officer, Chittari, had
prepared Ext.P7 Scene Plan. PW3, the Excise Inspector,
Excise Range Office, Hosdurg, had taken over ... Investigating Agency had not prepared a Scene
Mahazar in this case. Ext.P7 is the Scene Plan prepared by
PW4, the Village Officer, Chittari
place of
occurrence in this case. Ext.P6 scene plan was prepared by
PW12-the Village Officer, Vettiyar in accordance with ... mahazar. In Ext.P6 scene plan, the place of occurrence is
clearly numbered as No.4. It is evident from Exts
scene of
occurrence. Rule 75 of the Criminal Rules of Practice is
pointed out to emphasize the importance of the Scene
Plan. Koshy @ Baby ... with reference to the scene of occurrence. Though the
Village Officer, PW 38 deposed that he prepared the scene
plan on the instruction
thereafter. Directions were issued to the Village Officer to prepare the scene plan.
3.4. Certain unpalatable occurrences happened thereafter. PW11 was the
Deputy Superintendent ... gate
was closed, the fact remains that neither in the scene plan nor in the scene mahazar,
there is any reference to a wall separating
away from the scene of
occurrence and the position of that electric post is shown in
Ext.P8 scene plan as P2. Similarly ... electric post 21.55 meters away from the
scene of occurrence and P3 in Ext.P8 scene plan is the position
of that electric post
away from the scene of
occurrence and the position of that electric post is shown in
Ext.P8 scene plan as P2. Similarly ... electric post 21.55 meters away from the
scene of occurrence and P3 in Ext.P8 scene plan is the position
of that electric post
under S.164 , Cr.P.C. On the basis of
the scene plan, learned counsel propounded two fold
argument. Firstly, the residential plot was having ... bathroom - the alleged
place of occurrence - is not shown in the scene plan.
Learned counsel also contended that the offence under
scene mahazar. Scene Mahazar will only show
houses and other structures which are within the vicinity of
the scene of crime. Since the scene plan ... prepared by the
Village Officer on the basis of the scene mahazar, the scene
plan also cannot be expected to show the shop
because there was no light to
recognize the appellant. Exhibit P9 scene plan though does not
show the topography of the locality, but even ... south as per the scene mahazar (Exhibit P3) and to the
south, as per Exhibit P9 scene plan, it is the "rubber plantation
examined as PW1. The petitioner would contend
that Annexure-A6 scene plan prepared by PW8 is incomplete as
regards the length, width and depth ... accused, the details of which are absent in Annexure-A6
scene plan. Thus, the petitioner wants PW8 to measure the
length, width and depth
