AIR 1962 SUPREME COURT 399 ::1962 AllCriR 159 ::1962 MadLJ(Cri) 259 ::1962 3 SCR 580 ::1962 (1) SCJ 367 ::ILR 1962 1 All 397

Supreme Court Of India

(From Allahabad)*

Hon'ble Judge(s): K. N. Wanchoo, K. C. Das Gupta, J. C. Shah , JJJ

Criminal P.C. (5 of 1898) , S.162— Sketch map - Prepared by investigating officer on basis of statements of witnesses made to him - Admissibility in evidence. A rough sketch map prepared by the sub-inspector on the basis of statements made to him by witnesses during the course of investigation and showing the place where the deceased was hit and also the places where the witnesses were at the time of the incident would not be admissible in evidence in view of the provisions of S. 162 of the Code of Criminal Procedure, for it is in effect nothing more than the statement of the Sub-inspector that the eye-witnesses told him that the deceased was at such and such place at the time when he was hit. The sketch-map would be admissible so far as it indicates all that the Sub-Inspector saw himself at the spot; but any mark put on the sketch-map based on the statements made by the witnesses to the Sub-Inspector would be inadmissible in view of the clear provisions of S. 162 of the Code of Criminal Procedure as it will be no more than a statement made to the police during investigation. Therefore, such marks on the map cannot be used to found any argument as to the improbability of the deceased being hit on that part of the body where he was actually injured, if he was standing at the spot marked on the sketch-map. .....