Conviction for murder can be upheld based on confessional statements and corroborative evidence, even if some evidence is lacking, such as blood on the weapon.

ORDER :

I.A. No. 11294 of 2024

The instant interlocutory application has been filed under Section 430(1) of the BNSS, 2023 for suspension of sentence of the appellant in connection with the judgment of conviction dated 14.06.2024 and order of sentence dated 19.06.2024 passed in Sessions Trial No. 190 of 2017 arising out of Nagar Untari P.S. Case No. 68 of 2017 corresponding to G.R. Case No. 643 of 2017 by the learned Additional Sessions Judge, Nagar Untari District- Garhwa whereby and where under, the appellant has been convicted for the offence punishable under Sections 302 of the IPC and has been sentenced to undergo R.I. for life and a fine of Rs. 20,000/- and a default sentence of R.I. for 1 year.

2. It has been contended on behalf of the appellant that it is a case in which conviction has been made not on the basis of testimony of the witnesses but by taking aid of Section 27 of the Evidence Act, since, incriminating materials have been recovered on the basis of the confession made by the appellant i.e. spade.

3. It has however been submitted by learned counsel for the appellant that as per the FSL report, no blood stain has been found on the spade.

4. Learned counsel for the appellant, in the aforesaid circumstances, has submitted that even by applying the principle of Section 27 of the Evidence Act the conviction of the appellant cannot be said to be based upon cogent evidence and, as such, it is fit case for suspension of sentence.

5. While on the other hand, learned A.P.P. has vehemently opposed the prayer for suspension of sentence.

6. It has been contended by the learned A.P.P. that the conviction is based upon the confessional statement of the appellant marked as Ext. P-6 and subsequent thereto the recovery of incriminating material i.e., spade marked as Material Ext.-I and thereafter seizure of bed sheet having blood stain of the deceased over which the dead body was laying and the trouser (Pant) of the appellant during course of investigation marked as Material Ext.-II and Ext.-III respectively.

7. We have heard the learned counsels for the parties and gone across the findings rendered by the learned Trial Court in the impugned judgment as also testimonies of the witnesses and the exhibits available in the L.C.R.

8. In order to appreciate the arguments advanced by learned counsel for the parties, this Court has gone through the FSL report marked as Ext. P-7. The bed sheet having blood stain of the deceased, the spade, and the trouser of the appellant having blood stain of the appellant have been marked as A, B and C respectively in FSL report. 9. It appears from the said FSL report that no blood stain has been found on the spade marked as B. However, the blood stain found in the bed sheet over which the dead body was laying and the blood stain found on the trouser of the appellant have been found matched with the blood of deceased.

10. There is no denial on the part of the appellant while taking a question of the Investigating Officer that the blood stain found on the bed sheet was of the deceased.

11. This Court considering the aforesaid facts, particularly the FSL report, is of the view that prosecution has been able to substantiate the charge by getting the blood stain found on the bed sheet matched with the blood stain found on the trouser of the appellant to be of same human body having blood group-A.

12. This Court, on the basis of the materials available and the facts and circumstances is of the view that appellant has not been able to make out a prima facie case for grant of bail by suspending his sentence.

13. Accordingly, the prayer of the appellant made through I.A. No. 11294 of 2024 is rejected.

14. It is made clear that any observation made herein will not prejudice the case of the parties on merit as the appeal is lying pending for its consideration.

15. Consequently, I.A. No. 11294 of 2024 disposed of.