AI Overview...
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Crime Weapon Seized after 4 Days - Weapons related to the offence, including a single-edged weapon and other deadly weapons, were recovered approximately 6 to 7 days after the attack and 4 to 5 days post-arrest. The recovery was often from the accused's homes or nearby locations, with some weapons found concealed. The delay in seizure and chemical analysis of the weapons raised questions about the strength of evidence linking the weapons to the crime. Iliyas @ Illu Nawaz Khan VS State of Maharashtra - Bombay, Man Preet Singh VS State - Crimes, Ippilli Krishna VS State Of A. P. - Andhra Pradesh, Abdul Waheed Naik S/o Ahmadullah Naik VS State of J&K through Police Station Banihal - Jammu and Kashmir
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Main Points and Insights:
- Weapons, including a chopper and other deadly implements, were recovered days after the incident, sometimes from the roof or the accused's house.
- Bloodstains and physical evidence such as clothes and weapons were seized, but delays in their collection and analysis affected evidentiary strength.
- In some cases, the weapons could not be conclusively linked to the crime or the injuries sustained.
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The presence of blood on clothes and weapons, as well as the recovery of weapons from the accused's residence, formed part of the investigation, but delays and procedural lapses impacted the case's conclusiveness.
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Analysis and Conclusion:
- The delayed recovery of weapons and the failure to conduct timely tests like the Test Identification Parade (TIP) and chemical analysis weakened the direct connection between the weapons and the crime.
- Courts expressed concerns over the evidence's sufficiency, with some convictions being set aside due to procedural lapses, such as the inability to establish a direct link or proper seizure procedures.
- Overall, while weapons were seized days after the incident, procedural delays and lack of conclusive evidence limited their impact on establishing guilt definitively.
References: Iliyas @ Illu Nawaz Khan VS State of Maharashtra - Bombay, Man Preet Singh VS State - Crimes, Ippilli Krishna VS State Of A. P. - Andhra Pradesh, Abdul Waheed Naik S/o Ahmadullah Naik VS State of J&K through Police Station Banihal - Jammu and Kashmir
Search Results for "Crime Weapon Seized after 4 Days from House of Appellant"
• India - Crimes
USHA MEHRA, PRADEEP NANDRAJOG
of borrowing vehicle from PW 3 & PW 4 did not inspire confidence - Lifting of blood stains from house of appellants did not appeal ... of appellant to collect Rs. 1 lac money which appellant owed to PW 11 & there after dead body of deceased was recovered – Pursuant ... recovered at instance of appellant - Appellants were stated have hired car of PW 3 i.e. ... P 3 is a single edged weapon. Whereas according to Dr. Arvind Kumar (PW 15) injury No.2 and ....
2019 0 Supreme(Bom) 582 • India - Bombay
B.P.DHARMADHIKARI, PRAKASH D.NAIK
after attack & 4 to 5 days of arrests. ... is discovered by accused 4 Sunil on 13.10.2008 from roof of his house vide Ex. 96 & 97 –Thus weapons are recovered almost 6 to 7 ... their homes & concealed murder weapon there but then did not change into other clothes & were apprehended in same clothes ie bloodstained ... Thus, the weapons are recovered almost 6 to 7 after the attack & 4 to 5 days of arrests. Except for chopper, the other....
• India - Crimes
D.P.MOHAPATRA, B.N.DASH
-Possibility of their presence at the time of the alleged occurrence becomes remote - No blood reported on the alleged weapon of ... from the house for some days immediately after the alleged occurrence cannot be considered as a circumstance to fasten him with ... has not at all taken into consideration the circumstances which strongly militates not only against the evidence of P.Ws. 3 and 4 ... Doing investigation the police seized the bicycle, chapals and umbrella of P.W. 3 from the house#HL....
1998 8 Supreme 505 • India - Supreme Court
M.K.MUKHERJEE, S.P.KURDUKAR, G.B.PATTANAIK
and threw dead body of deceased into a pond-No direct evidence-Alleged extra judicial confession to a witness and recovery of weapon ... recovered could not be connected with crime in question-Conviction set aside. ... same-Not sustainable-Witness to whom accused allegedly made confession never disclosed same to anyone until enquiry by police after 5 days ... The Investigation Officer, thereafter, arrested the appellant and during interrogation he made a statement which led to the discovery of certain clothes of the dec....
2017 0 Supreme(Gau) 1012 • India - Gauhati
UJJAL BHUYAN, AJIT BORTHAKUR
When such ‘unlawful assembly’ is guilty of rioting, being armed with deadly weapons or with anything which, used as a weapon of offence ... Therefore, we see no cogent and convincing reasons to interfere in the impugned judgment and order of conviction of the appellants ... 149 of the IPC per se constitutes a substantive offence based on the common object and principle of vicarious liability – Held, appellants ... In the meantime, when from the said house, the wife of Kamaruddin came forward, ....
2014 0 Supreme(Bom) 2410 • India - Bombay
B.R.GAVAI, V.M.DESHPANDE
and the weapon used, are seized. ... accused No. 1 is concerned, is duly corroborated by memorandum under Section 27 of the Evidence Act, seizure of the clothes and the weapon ... The conviction of accused Nos. 2, 3 and 4 with the aid of Section 34 of the IPC would not be sustainable. ... Insofar as accused No. 1 is concerned, the evidence of all the three witnesses is consistent on the memorandum u/s. 27 of the Evidence Act which is duly proved by the investigating officer the clothes worn by him at the time of commissi....
2023 0 Supreme(J&K) 559 • India - Jammu and Kashmir
VINOD CHATTERJI KOUL, MOHAN LAL
The court held that the failure to conduct a TIP, seize the weapon of offense, and send the seized items for chemical examination ... Whether the failure to conduct a TIP, seize the weapon of offense, and send the seized items for chemical examination created serious ... The court further held that the failure to conduct a TIP, seize the weapon of offense, and send the seized items for chemical examination ... other weapon....
• India - Crimes
M.K.MUKHERJEE, G.B.PATTANAIK, S.P.KURDUKAR
and threw dead body of deceased into a pond—No direct evidence—Alleged extra judicial confession to a witness and recovery of weapon ... recovered could not be connected with crime in question—Conviction set aside. ... same—Not sustainable—Witness to whom accused allegedly made confession never disclosed same to anyone until enquiry by police after 5 days ... The Investigation Officer, thereafter, arrested the appellant and during interrogation he made a statement which led to the discovery of certain clothes of the dec....
2003 0 Supreme(AP) 1378 • India - Andhra Pradesh
K.C.BHANU
against each of them genesis of occurrence is with regard to disputed site where accused tried to dig pits for laying foundation – Appellants ... Ws. 1 to 4. Even the fractures sustained to were on hands but not on the Vital parts of the body. ... were armed with deadly weapons, they have not caused any serious injuries on vital parts of the bodies of P. ... ... ( 10 ) WITH regard to the contention that no weapons of offence were seized by the police, the learned counsel contended that it is not desira....
2004 0 Supreme(AP) 1117 • India - Andhra Pradesh
P.S.NARAYANA
Criminal Law – Criminal Trial - Indian Penal Code, 1860 - Section 304-I and 326 – Offence of voluntarily grievous hurt by dangerous weapon ... and culpable homicide not amounting to murder – Appeal against conviction - Appellants had pointed out to defence evidence available ... learned Judge under Section 304 Part-l IPC cannot be sustained and accordingly, the conviction and sentence recorded as against appellants ... This witness also deposed that it is true to suggest that police seized M. Os. 4 and ....
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