ganesh (advocate) 13 October 2010
a accused was charged under s.326 of ipc. but the magistrate convict him under sec.325. here there is no recovery of weapon even though the injured deposed that the accused hit by weapons. plz give me authorities for that the non recovery of weapon by prosecution is fatal to case and the accused must acquitted.
Parmanand Sharma (Advocate) 14 October 2010
The accused can not take benefit for acquittal of non recovery of weapon.
Parmanand Sharma (Advocate) 14 October 2010
Non recovery of weapon can not be a sole ground for acquittal if otherwise you don't have any other contradictions about the nature of injury and nature of weapon.
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