Comparison of thumb impression

Trial Court had examined the thumb impression of defendant on the impugned deed with the thumb impression taken by the Court during proceedings of a criminal case

Validity

Trial Court should have either sent the original deed along with admitted thumb impression to the Fingerprint Expert or could have itself examined the difference or otherwise between the thumb impressions

When original deed was available before the Trial Court, it was imperative upon the Court to have compared the thumb impression with the admitted thumb impression available on the original deed

Statement of one of the witnesses was not completed

Nothing was on record as to why statement of Fingerprint Expert was relied upon which was recorded in a criminal case

Impugned judgments and decrees passed by the courts below were set aside

Case was remanded to the Trial Court for decision afresh after giving an opportunity to produce original deed and if so needed comparison of thumb impression with admitted thumb impression was to be undertaken

Revision was allowed in circumstances.