open
portion on the second floor of property No. R-34, South Extension (NDSE)
Part-II, New Delhi because under the will said open space
stand. Further the
recovery of the motor-cycle was from an open space accessible to all. No
identification mark was present on the helmet
true that the car was recovered from an open space
accessible to all, but it has to be kept in mind that the police
appellants that the recovery
of the dead body being from open and accessible place was not admissible
under Section 27 of the Evidence Act deserves ... sheet.
Such a recovery cannot be said to be from an open space accessible to all. It
was in the special knowledge of Rajinder that
credence and that the recovery of
the hammer from an open space after one month and thirteen days of the
crime is a useless recovery ... reason the hammer was recovered from an open space accessible to one and
all and there is some merit in the argument that the appellant
Page 28 of 33
71. Recoveries made by the police from open spaces and from a place
which the police has visited on an earlier
lacking incredibility on the plea that the same
were from open spaces accessible to the public and further that no TIP was
conducted
spot.
(vii) The knife Ex.P-1 was recovered from an open space which was
accessible to all.
17. DD No.21-A records
open area in between, probably used for storing building material. The place
of incident is one such room which opens into the inner courtyard space
Sonvir @ Somvir Thr. His Father Pappu ... vs State Nct Of Delhi on 10 December, 2014