A case titled as Chandra Shekar Vs. State 1986 (2) Crimes 419 where it was observed that in capital offences in highly urbanized areas where it is becoming difficult to involve public witnesses and eyewitnesses it will be dangerous not to rely on the relation witnesses and police witnesses provided such witnesses are confirmed to be truthful considering the peculiar facts and circumstances of that case.
Similar was position in case in hand. Due to exigency police could not join any public present near the spot. Moreover witnesses of this case were not the witnesses of investigation rather victims and hence eyewitnesses of incident. I find no reason to discard their testimony, as a waif.
Although it is not claimed by Ld. Defence Counsel that Inspector M.C. Sharma died on being fired by police party, it is explained by Ld. Addl. PP that all six members of police party were together when they entered inside Flat No. 108 and they were together when faced firing from occupants of that flat.
It was Inspector M.C. Sharma who was ahead of all of team members, while entering inside said flat. Postmortem report of Inspector M.C. Sharma (Ex. PW19/C) is evident that all the injuries found on his person were either in front of him or in insides.
No injury found on his posterior, shows that he faced the bullets from his front side and not from back side. In this way, it is clear that Inspector M.C. Sharma suffered bullet injuries on being fired by the occupants of the flat and not by the members of raiding party.
Section 37 of The Code of Criminal Procedure, 1973 obliges every person to assist the police in getting any offender arrested.
It speaks as: “Section 37 – Every person is bound to assist a Magistrate or police officer reasonably, demanding as aid:
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