Tori Singh vs The State Of Uttar Pradesh on 12 September, 1961
32. The learned counsel for the appellants further pointed out that statement of Deopal (P.W. 1) is improbable, as according to the site plan assault on Bahadur deceased was made inside cattle room of Jawahar, but he had denied this fact. The witness has stated that he had not made any such statement before the I.O. In the site plan, the I.O. had shown place of assault with letter 'E', which is on the door of cattle room and it cannot be said that assault was made in the cattle room. The above place of assault shown in the site plan is based on statements by witnesses and is inadmissible in evidence, as hit by Section 162, Cr. P.C., and not based on personal observation of the Investigating Officer (vide Tori Singh v. State of U. P., AIR 1962 SC 399 and State of Rajasthan v. Bahwari, 2003 AIR SCW 3953.