1. The accused in Sessions case No. 6 of 1945,on the file of the Court of Session of Kurnool Division was convicted and sentenced to death by the learned Sessions Judge for the murder of one Kottapu Narsi Reddi.
[His Lordship after discussing the evidence, held]
2. Consequently the conviction and sentence will be confirmed and the appeal dismissed.
3. We observe that the learned Judge when dealing with the evidence of the constable in paragraph 8-E of his Judgment says:
It has been elicited in his cross-examination that he did not meticulously observe all the provisions of house searches in this case and that he did not search himself or the panchay atdars before going in.
4. That observation is founded on an answer given in cross-examination by the constable:
I did not observe the precautions laid down in the Criminal Procedure Code for the search of the house. I did not search myself or the three other persons before we went into the house.
5. Neither earned Counsel before us are able to tell us clearly to what provisions of the Code this question was directed and Mr. Ethiraj can only suggest that it must refer to Section 102, Sub-section (3). Section 102 of course relates to search warrants issued under Section 96, or 98, that is to say, formal searches. We are not aware, in an emergency of this sort when the police are not going in for the purpose of a search for any specified object but for a general investigation, there is any provision of the Code which imposes on them the duty of searching respectable citizens or themselves before the public. Whether as a matter of convention these things may be done in order to remove any cause for subsequent criticism is another matter. But it would seem the learned Judge was misled by the question of counsel and the answer of the witness in supposing that the constable had neglected some actual provision of the Code. In the circumstances of this case it would not be very surprising that with a man recently apprehended under very clear circumstances for murder the constable should at once go in and see what were the contents of his house.