Criminal - Conviction - Circumstantial Evidence - Hostile witness - Section 302 read with Section 34 of the Indian Penal Code, 1860; Section 135 of the Bombay Police Act, 1951 - Appellants were convicted for offence under Section 302 r/w 34 IPC and Section 135 of Bombay Police Act - Hence the Appeal - Whether High Court was justified in confirming conviction and sentence imposed by Trial Court when all eye-witnesses did not support the case of prosecution as against Appellants and whether Courts below were justified in convicting and awarding life sentence based on circumstantial evidence
Rameshbhai Mohanbhai Koli and Ors. v. State of Gujarat (Decided on 20.10.2010) MANU/SC/0871/2010
Held, recovery of blood stained loan form application bearing name and address of Appellant no. 1 from scene of offence and serological report which opines the blood to the presence of A-1 at the scene of offence. Even though the panch-witness P.W.35, has turned hostile to the prosecution; the spot panchnama has been cogently and convincingly proved through testimony of Investigating Officer P.W.160. Prosecution has established its case. Court upheld impugned orders. Appeal Dismissed.
