Weapon’s Recovery From Hiding Place Which Is In Exclusive Knowledge Of Accused Makes Such Recovery Absolutely Reliable
Case: Anurag Sharma v. State of U.P
Coram: Justice Dr. Kaushal Jayendra Thaker and Justice Ajai Tyagi
Case No.: CRIMINAL APPEAL No. – 3603 of 2018
Court Observation: “It means that when the deceased was murdered, it was accused only, who was in the house with the deceased. Hence, Section 106 of the Indian Evidence Act comes into application,”
“If the place of hiding the weapon is exclusively within the knowledge of accused and that place cannot be or is not in the knowledge of any other person and the weapon is recovered from the same place, such type of recovery is absolutely reliable and it cannot be doubted or it cannot be presumed that weapon is planted. In this case at hand, the hammer was recovered by IO after getting the knowledge from the appellant and at the time of the recovery IO took the appellant with him and the appellant entrusted the hammer to the IO after taking out it from the box himself. The Investigating Officer (PW6) has also proved the factum of recovery in his testimony before the learned trial court.”
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Keywords
Weapon’s Recovery, Knowledge Of Accused
