Blood Stained Earth Not Taken - Occurrence took place outside the shop of the deceased; blood-stained earth was not collected from the scene, but FIR was lodged promptly and eyewitness testimonies supported the prosecution's case. The omission to collect blood-stained earth was noted, but it did not necessarily weaken the case significantly. Ramesh Chander VS State - Crimes, Ramesh Chander VS State - Supreme Court, Sundaramurthy VS State by Tamil Nadu - Madras, KUNDAN SINGH RAWAT VS STATE OF U. P. - Allahabad
Evidence Collection and Investigation - Although blood-stained earth was not always sent for chemical analysis, investigators took samples of blood-stained earth and ordinary earth, sealing them properly. Rain and other environmental factors sometimes prevented collection of blood-stained earth, especially when it rained shortly after the incident. The prosecution relied on other evidence such as eyewitness accounts, blood on the cot, and other material evidence. Harban Sahai & 3 Ors. VS State of Uttar Pradesh - Crimes, M. Kaliappan VS Inspector of Police, Vedasanthur Police Station - Madras, State of H. P. VS Pawan Kumar - Himachal Pradesh
Legal and Evidentiary Considerations - The failure to collect blood-stained earth did not necessarily discredit the prosecution’s case, especially when other evidence was strong. Discrepancies in witness statements and delays in FIR recording were noted but deemed not material enough to overturn convictions. The court emphasized that the absence of blood-stained earth from the scene does not automatically invalidate the evidence if other corroborative evidence exists. Dalip Singh Alias Deepa VS State Of Punjab - Punjab and Haryana, ROOP KISHORE @ BOBBY VS STATE - Delhi
Overall Conclusion - While the collection of blood-stained earth is an important piece of evidence, environmental factors (like rain), procedural lapses, or investigative limitations sometimes led to its non-collection. The courts have held that such omissions do not automatically negate the prosecution’s case if other reliable evidence supports the conviction. The main points rest on eyewitness testimony, blood evidence on objects like cots, and proper investigation procedures. Ramesh Chander VS State - Crimes, Ramesh Chander VS State - Supreme Court, KUNDAN SINGH RAWAT VS STATE OF U. P. - Allahabad, M. Kaliappan VS Inspector of Police, Vedasanthur Police Station - Madras
to hospital- Occurrence took place out side the shop of deceased Mere fact that blood stained earth was not taken from the spot ... F.I.R. which were lodged at the earliest - Evidence of there two eye witnesses amply corroborated by P.W. 15 by whom injured was taken ... Learned Counsel for the appellant for the first time in this Court submitted that the prosecution has not proved that the earth at the scene of occurrence was blood-....
to hospital- Occurrence took place out side the shop of deceased Mere fact that blood stained earth was not taken from the spot ... F.I.R. which were lodged at the earliest - Evidence of there two eye witnesses amply corroborated by P.W. 15 by whom injured was taken ... Learned Counsel for the appellant for the first time in this Court submitted that the prosecution has not proved that the earth at the scene of occurrence was blood-....
stained earth allegedly taken from spot was not sent to Chemical Examiner & thus place of occurrence remained doubtful - Prosecution ... have attempted to paint the eye-witnesses testimony so as to bring conformity between the post mortem & First Information Report - Blood ... He admits that he took the samples of blood stained earth and ordinary earth (Exts. 1 and 2) from that place and put the same in sealed packets separately. ......
on spot—After the incident it had rained—Blood stained earth from the spot could not be collected—Blood fallen on cot—Cot not taken ... ... (D) Criminal trial—Blood at the spot—Blood stained earth could not ... nbsp;(B) Criminal trial—Source of light—Lighted petromex at the shop of the victim—Natural as the hotel could not
included delay in recording the First Information Report, lack of previous enmity between the parties, failure to take possession of blood-stained ... earth, and discrepancies in the statements of eyewitnesses. ... There is also no substance in the contention that the blood stained earth was not taken into possession. ... The points raised by the defence counsel before the learned trial Judge were that there was a delay in recording of the First Info....
Inasmuch as at the time of the occurrence there was drizzling and because of the said reason, the blood-stained earth was not taken and sent for examination. On the other hand, according to him, the prosecution has established their case by placing acceptable oral and documentary evidence. ... He further contended that except the dress said to have been worn by the accused, no other material like blood-stained earth, etc., were recovered and marked a....
have taken into possession the blood stained cots, beddings and earth if actually they had been present on the spot - Further ... nbsp;investigation is no ground to acquit the accused - Held, that there is no reason why the investigating officer would not ... previous statements that during the course of evidence in the court these witnesses have made many improvements and changes - It is not ... There is no reason why the Investigating Officer would not have #HL_STA....
The fact that the blood stained earth had not been taken from the scene of occurrence would also prove the place of occurrence is doubtful. ... ... h) In the meantime, P.W.9 Inspector of Police went to the scene of occurrence at about 10.30 a.m. and prepared Observation Mahazar Ex.P.9 and rough sketch Ex.P.10 and recovered blood stained earth and sample earth from the scene place. ... In respect of A-2, it is contended that the sec....
taken in possession by police—Not taking of blood stained earth from spot would have been anomalous in the circumstances. ... ... (G) Criminal trial—Murder—Not taking blood stained earth from spot ... (A) (Indian) Penal Code, 1860—Sections 302/149, 147 and 148—Murder—Conviction and sentence—Legality of—Incident had taken place in
The sentence imposed upon the appellant was deemed reasonable and did not call for any interference. ... The court emphasized that the inconsistencies in the statements of some witnesses were insignificant and did not render the other ... Merely because blood stained earth was not taken from the spot would not render the other clinching evidence nugatory. ... 24. ... The occurrence is said to have taken place between 10.30 to 11 AM....
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