Witness Saw Accused Near Deceased, Blood Stained Weapon Recovered: Gujarat High Court Accepts Circumstantial Evidence To Affirm Murder Conviction
Case: Narubhai Amarsinh Makwana(Koli Patel) VS State Of Gujarat
Coram: Justices Vipul Pancholi and Rajendra Sareen
Case No.: R/CR.A/3056/2008
Court Observation: “PW 3 who is neighbor and who was sleeping near the cot of the deceased had found the appellant near the cot with weapon Dharia…We are of the view that the prosecution has proved the said discovery of the weapon. Blood stains were also found on the weapon. From the Serology Report produced at Exh.26 it is revealed that blood group of the deceased was found from the weapon which was discovered at the instance of the appellant.”
“This Court is of the view the prosecution has proved the case against appellant beyond reasonable doubt. Motive of the appellant accused is also established by leading cogent evidence and the chain of circumstantial evidence is also complete.”
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Keywords
Witness Saw Accused, Blood Stained Weapon, Circumstantial Evidence
