Evidence Act, 1872–Sec. 27–Code of Criminal Procedure, 1973–Sec. 154–Reliability of fact of recovery of the dead body in pursuance of information given by the appellant and time of registration of FIR–Witness stated that the appellant was arrested and arrest memo was prepared at 1.00 PM–Thereafter, he gave the information at 1.15 PM–Appellant was taken to the field and the dead body was dug out–Thereafter, the exhumation memo was prepared at 1.50 PM–Written report submitted at 10.30 AM revealing that the three accused had joined hands to murder the deceased after a sudden quarrel–Further, the doctor admitted in cross-examination that he was informed to conduct the post mortem at about 1.18 PM–Claim of investigation officer as regard to
recovery of the body is found falsified and creates the doubt that the FIR was registered at the post-investigation stage–Evidence of recovery of dead body u/s. 27 of the Evidence Act is cooked up and cannot be relied upon against the appellant.
