On a threadbare analysis of the entire record, we do not find that the prosecution examined any witness who had deposed about the link evidence/safe custody of the mudammal articles right from the time they were received at the police station and seized till the time the same reached the FSL. Hence, otherwise also, the FSL report(Exhibits 111-115) pales into insignificance. Investigating Officer(PW-18) deposed that he arrested the Accused persons. A detailed enquiry was made from all three Accused-Appellants, and they were examined for the injuries found on their bodies. Thereafter, all the Accused-Appellants conveyed their willingness to show the place of the offence and thereafter, panchnama as per Section 27 of the Evidence Act was prepared. Since the place of incident was also known to police, this disclosure is irrelevant. {Para 45}
IN THE SUPREME COURT OF INDIA
Criminal Appeal Nos. 2828-2829 of 2023 and 112 of 2024
Decided On: 08.08.2024
Allarakha Habib Memon and Ors. Vs. State of Gujarat
Hon'ble Judges/Coram:
B.R. Gavai and Sandeep Mehta, JJ.
Author: Sandeep Mehta, J.
Citation: MANU/SC/0856/2024.
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