Recovery evidence

Where the empty of cartridge and the weapon of offence i.e. .12 bore pump action gun were sent together to the Forensic Science Agency, such recovery (evidence) was inconsequential

Appeal against conviction was dismissed.

Value and status of medical evidence and recovery is always corroborative in its nature, which alone is not sufficient to sustain conviction.

Value and status of medical evidence and recovery is always corroborative in nature, which alone is not sufficient to sustain the conviction of an accused.

Value and status of medical evidence and recovery is always corroborative in its nature, which alone is not sufficient to sustain conviction.

Said recovery was tainted with doubts for several reasons: firstly there was no allegation in the private complaint that when deceased left his house he was on a cycle; secondly according to the recovery memo as well as statements of police officials the cycle was recovered on 20.6.2009 whereas the witness of last seen evidence stated during his cross examination that at a junction point for public transport some people informed the police that bicycle of deceased was available in the house of accused and on such information accused was nominated as accused in the FIR who was arrested by the police on the same night and cycle was also recovered

In such circumstances it was not safe to rely on the recovery of cycle at the instance of the accused, which even otherwise was merely a corroborative piece of evidence and relevant only when other evidence inspired confidence, which was not the situation in the present case

Appeal was allowed and accused was acquitted of the charges levelled against him while extending him benefit of doubt.

Positive report of the forensic science laboratory showed that pistol .30 bore matched with the empty recovered by the investigating officer from the place of occurrence, but not even a single firearm injury was found on the body of deceased rather deceased was done to death with the help of blunt and sharp edge weapons

Such recovery of weapon of offence did not render any help to the case of prosecution

Conviction and sentence recorded against accused was set aside accordingly.