EMPEROR Vs. BABULAL BEHARI

JUDGEMENT

(1.) The question for my decision is, whether the opinion with its reasons of the police finger print expert Mr. Saldanha on the identity of a certain palm impression of one of the accused with the palm impression on the pot found on the scene of offence on April 28, 1927, is or is not admissible in evidence.

(2.) The facts shortly are that on April 28, 1927, a Marwari boy was found murdered in a room and the safe rifled of valuable ornaments. Among other clues such as a Bhaiya cap and some mangoes, a handa or brass pot of water bore the impression of a palm upon it. That impression was photographed and enlarged and subsequently the precise dates are not on record Mr. Patel the senior expert and Mr. Saldanha the junior expert took and compared twenty-one palm impressions including those of the principal accused and witnesses and other Pardeshis with the impression found on the handa.

(3.) There has been unfortunately considerable delay in the trial of this case. The seven accused were all arrested by May 16; but as investigation had to be carried on in Cawnpore, Benares and Ahmedabad, the proceedings before the Magistrate did not begin till September 7. Charges were not framed till November 7 and the present trial did not commence till January 5, involving, amongst other consequences, the loss of the evidence of Mr. Patel, who died of apoplexy in December last.