Non-Recovery Of Weapon Of Offence Would Not Impeach Prosecution Case Which Relies On Credible Direct Evidence

KEY TAKEAWAYS

• Recently, the Supreme Court held that non-recuperation of the weapon of offense would not dishonor the situation of the arraignment which depends on relevant direct proof.

DETAILS

• Name of the case : Gulab v. State of Uttar Pradesh
• Foundation of the case :
• The deceased and one Idrish were claimed to have been associated in a fight.
• Upon post-mortem examination, the reason for death was thought to be shock and drain from the shot injury.
• The Sessions Judge, Banda indicted Idrish under Section 302 and the Appellant under Sections 302 and 34, condemning the two to detainment forever.
• An allure was documented by both the blamed.
• Idrish passed away during the pendency of the allure.
• The High Court excused the allure against the Appellant.

QUESTIONS

• Do you agree with the decision of the Supreme Court ?
• Whether the decision is right ?

Share your views in the comments section below.