Defence cross examination can be in this manner to PW1 – i.

e, IO of the case

Cross questions which are highly supposed to ask by defense lawyer are;

Q- where were you on 15th dec. 2019 ? (motive behind this question is acc. To DW1(mohan ) accuseds
arrested on 15th but acc. To our facts we arrested them on 16 th, so you have to stick on your facts)

You are supposed to answer this confidently that you were on your duty or at the police station. You are
not supposed to say anything regarding their arrest

Q- FIR no.or case entry in case diary of this case ? date of FIR who reported FIR?

FIR no. 121/2019

FIR date and time- 13th dec 2019 at 8AM

Case diary or general diary reference- entry no. 2415 and time- 8:05AM

FIR reported by Mr. vignesh sharma (constable)

FIR recorded by SHO Pooja singh (officer in charge)

Chargesheet no.- 19

Q- what charges you mentioned in chargesheet and why ?

You have to be very accurate in this answer because defense may try to use chargesheet against you so
you are supposed to answer charges you mentioned so you have to read chargesheet carefully because
they might ask other questions too from chargesheet like why you mentioned S.186 of IPC or any other
section from chargesheet.

Q- Why you mentioned s.186 or s. 353 of IPC?

Here, defense try to prove that accuseds were voluntarily killed or encountered by you they didn’t
obstruct or neither used cr. Force against police when you took them to crime scene…..defense will say
you mentioned s.186 falsely just to show court that accuseds used physical force or obstruct you on
duty.

You are supposed to repeat the ans. No. 8 of chief exami. That accuseds tried to escape from there and
they voluntarily obstructed the police on duty….. in order to escape, four of them poses a serious (i.e,
cr. Force S.353 IPC) threat against us.

In short you have to explain 186 and 253 is rightly applied in your case.

Q- From where you had arrested accused or on which date and time? And who was present there ?

Ans- you are strictly supposed to say that on 16 th dec at around 10:30am in the morning we arrested
them from Raja dhaba jagat farms. And mention that Rama informed you about it and he was present
there and other police members.

They may ask why Rama was present there---you can say that he was having his breakfast in the
morning at Raja dhaba. You are supposed to convincve them that he was on her way to police station
and in the middle he took a break for having breakfast at dhaba and there he saw all 4 accuseds and
informed us.

Q- To whom you informed about their arrest ? any relative or friend ?

Ans- We got information from RTO that truck is registered in the name of Boman and from there we got
to know about Boman’s father Mr. Harihan kashyap resident of bundelkhand, we informed him about
the arrest.

It is clearly written in arrest memo about the info. Of person (i.e, Mr Harihan kashyap) you informed
about arrest so you are supposed to answer accordingly therefore I made him Boman’s father.

Q- what you found at the crime scene ? or who were the witnesses during search (ie, Rehan and Rama)

The moment you say torn clothes etc etc…defense will move to next questions like What you did with
torn clothes ? here you are supposed to say that we had sent them to forensic for examination (like
DNA or sperm marks on the clothes) then they may say what info. you collected from there..you are
supposed to say we were in contact with them….in between I’ll object them that the factsheet is silent
about this so you can’t question the witness regarding forensic reports.

Q-Did you present all of them before magistrate within 24 hours ?

Ans- Acc. To procedure we sent a report (S. 157 Crpc) to magistrate regarding there arrest and we were
about to present them within the time period but before that they tried to escape from crime scene.

Q- can you explain what exactly happened when you took them to cime scene ?

This is the most imp. Question on which our whole case depends..if we answer it precisely case will be in
our favor but if we hesitated or confused defense will try to weak us and take the case in their favor.

You are supposed to answer according to the context of the question or defense will try to ask every
possible question to make the case against us..they will ask how is it possible to shoot them from
center ? I mean in chest if they were trying to escape you should have shoot them from back in the leg
or hand …here you have to repeat ans. 8 and try to convince judges that situation was out of your
control and you have to shoot.. you can use this --In principle, when a cop fires a gun at a citizen, it's so
the officer can neutralize the threat — he's not shooting to kill, per se…"The notion that it's possible to
shoot somebody just to the level that they're debilitated — to shoot a gun out of somebody's hand, to
shoot them in the leg — that is the stuff of TV and movies. That's wildly unrealistic."…you can use these
lines at any stage when defense try to question you or makes you weak regarding their killing.

You can not question the post mortem report because it will work against us as defense will say how can
you question the postmortem report of accuseds or a judge may ask the same thing…defense may say
according to postmortem report how is it possible to shoot all three of them in the same direction and
same parts of body.. you may say that in the two seconds that a cop actually has to make a decision,
the most certain way for him to neutralize a threat is to aim for "center mass" on the civilian's body,
which is likely to be a lethal shot.

You can also say that in our training there is a term ‘Force continuum’ teaches — it just talks about
what's authorized, not if there's a better way to do things
Q- How many of you were present when they got killed on crime scene ?

Ans- you are supposed to say we were total 4 (IO, Mohin(ASI), Rehan(SI), Vignesh(constable))
including me (ie, IO).

They may cross question here that you were 4 and accused’s were also 4 then how you four become
incapable of getting control over the situation…here defense wants to know what type of force
accused’s use and in response what you did…in short they will say to judge that if accuseds were
escaping and they were total 4 police members there was no need to shoot they may control the
situation without using force….here you have to strict on your statement of ans. 8 and you may say that
in the two seconds (all of a sudden they 4 together tried to use phy. Force against us and tried to
escape) 

In this sudden and serious situation a cop actually has to make a decision, the most certain way for
him to neutralize a threat is to aim for "center mass" on the civilian's body, which is likely to be a
lethal shot. You can use this line too when you feel that defense is trying to manipulate judges EVEN IF
THE GOAL ISN'T KILLING A CIVILIAN, "YOU HAVE TO ACCEPT THAT IS A VERY REAL POSSIBILITY"

They may ask many other questions regarding cctv footage, chargesheet,FIR , arrest memo, search
memo…they may ask you about certain section related to investigation like under which section (ie,
S.156 of crpc- power to investigate without order of magistrate in cognizable offence) you started your
investigation or which law allows you or gave you power to shoot them ? you have to write them so that
it will be easy for you

Some sections regarding procedure of investigation

S. 154 crpc- FIR

S.172 crpc- chargesheet

S.156 crpc—Power to investigate without order of magistrate in case of cognizable offence

S.157 crpc—Send a report to magistrate if IO has any reason to suspect of any cog. Offence and
proceed to the scene of offence and to take steps of arrest.

This section is important in this case to avoid suspicion that the FIR is the result of consultation and
deliberation.