Bombay High Court
Alo Laxman Patil
Versus
State of Maharashtra
Decided On:

Headnote:Section 302-Murder-Eye-witness not supporting prosecution case-Accuseds guilt not pointed by circumstantial evidence relied on by prosecution-Evidence regarding blood group of deceased-No assumption possible that deceaseds blood group be 0 which was found on accuseds clothes-In absence of corroborative evidence conviction of accused cannot he sustained.

       The ocular evidence does not support the case of the prosecution. The alleged eye-witnesses as per their own admission had not witnessed the incident. Consequently no reliance can be placed on their evidence. It is not possible to record a finding of guilt against the appellant on their evidence. The prosecution has also relied upon the circumstantial evidence viz., (1) seizure of blood-stained shirt from the appellant, (2) seizure of blood- stained clothes of the deceased and one stick, and (3) blood mixed earth. The Chemical Analyser in his report has stated that the saree and blouse of the deceased and blood mixed earth collected from the spot were stained with human blood of 0 group. The report further says that the blood group of the appellant is B. This report indicates that the shirt of the appellant and clothes of the deceased had human blood 0 group whereas the blood group of the appellant is B. There is no proof of the blood group of the deceased. It cannot be assumed that the deceased had O blood group. Presence of blood group O on the shirt clothes of the deceased, stick and earth will not be referable to the deceased and this will not advance prosecution case. Apart from this, finding of guilt cannot be recorded on the basis of this circumstantial evidence uncorroborated by any other evidence. The law enjoins that the prosecution story must be true. The prosecution version has to be established by legal, reliable and unimpeachable evidence. Prosecution has not succeeded in establishing its version by unimpeachable evidence.

       For Citation : 1996 (1) B Cr C 292 at p. 295 (Bom)