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Mere recovery of blood-stained weapon matching deceased’s blood group not sufficient to prove murder: SC

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2 months ago

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suprim court

New Delhi, June 27: Upholding the acquittal of an accused, the Supreme Court has ruled that mere recovery of a blood-stained weapon bearing the same blood group as that of the deceased would not be sufficient to prove the charge of murder.

A bench of Justices Sandeep Mehta and P.B. Varale was dealing with a criminal appeal filed by the Rajasthan government challenging a judgment of the Rajasthan High Court, which had acquitted the respondent-accused of the offence of murder.

In its impugned order, a division bench set aside the judgment passed by the Additional Sessions Judge in December 2008, which had convicted the respondent for the offence punishable under Section 302 of the Indian Penal Code, 1860 and sentenced him to undergo life imprisonment and pay a fine of Rs 100, and in default of payment of fine, to further undergo 3 months simple imprisonment.

During the trial, the respondent was charged with the murder of Chotu Lal, which took place on the intervening night of March 1 and 2, 2007.

Initially, an FIR was filed against unknown assailants, and at a later stage, the respondent was arraigned in the case on the basis of suspicion and circumstantial evidence.

The prosecution led circumstantial evidence in the form of motive, alleging the respondent was having an evil eye on the wife of the deceased; recovery of the weapon of offence and the FSL report indicating that the blood group on the weapon matched with the blood group of the deceased (B +ve).

Contrary to the findings of the trial court, the Rajasthan High Court opined that the prosecution could not prove the complete chain of circumstances required to bring home the guilt of the accused in the case, which was based entirely on circumstantial evidence, and proceeded to acquit the respondent.

Concurring with the view taken by the Rajasthan HC, the Justice Mehta-led Bench said: “We find that the incriminating circumstances relied upon by the prosecution, i.e., the motive and the recovery of the blood stained weapon, even taken in conjunction cannot constitute the complete chain of incriminating circumstances required to bring home the charges against the accused.”

“The High Court seems to have overlooked the FSL report, which fact was stressed upon by learned counsel for the appellant (state government). However, in our view, even if the FSL report is taken into account, then also, other than the fact that the weapon recovered at the instance of the accused tested positive for the same blood group as that of the deceased (B +ve), nothing much turns on the said report,” it added.

The apex court, relying upon a previous judgment of the apex court, opined that mere recovery of a blood-stained weapon even bearing the same blood group of the victim would not be sufficient to prove the charge of murder.

It discarded the theory of motive, saying the evidence in that regard seems to be very vague and vacillating.

The Justice Mehta-led Bench added that the law is well settled by a catena of apex court decisions that in an appeal against acquittal, interference can only be made if the only possible view based on the evidence points to the guilt of the accused and rules out his innocence.

Dismissing the appeal of the state government, the Supreme Court said: “In the present case, we are duly satisfied that the prosecution failed to lead clinching evidence to bring home the charges. The only possible view is the one taken by the High Court, i.e., the innocence of the accused.”

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Crime

Two Held With ₹68 Lakh Cash Near India-Myanmar Border In Mizoram; Heroin Worth ₹78 Lakh Seized

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11 hours ago

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August 14, 2025

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Aizawl: Two persons were arrested with Rs 68 lakh in cash near the India-Myanmar border in east Mizoram’s Champhai district, officials said on Thursday.

Acting on a tip-off, the Assam Rifles intercepted a vehicle at Zote village on August 11, they said.

Upon thorough checking, Rs 60 lakh in cash was recovered from two persons in the vehicle.

The duo, identified as Joseph Lalthansanga and Vanlalruati, could not state any proper reason why they were carrying such a huge amount of cash. They were subsequently handed over to the police for legal action, officials said.

In another operation, the Assam Rifles recovered 94.6 gram of heroin, worth Rs 78 lakh, from the village on Wednesday.

The drugs were handed over to the Excise and Narcotics Department, officials said.

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Crime

Jalgaon Tragedy: 8 Suspects Arrested For Kidnapping, Mob Lynching And Killing 21-Year-Old Suleman Khan

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16 hours ago

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August 14, 2025

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Jalgaon: Suleman Rahim Khan Pathan, a 21-year-old man, was killed through beating in Jalgaon district of Maharashtra. The incident occurred on Monday when Suleman traveled to Jamner to complete online applications for police recruitment. In the afternoon, as he sat in a cafe with a girl, 8 to 10 men grabbed his mobile phone and unexpectedly assaulted him.

They pulled Suleman to his village and violently assaulted him, making him lose consciousness. When his relatives attempted to rescue him, the assailants reacted with violence towards them as well. Suleman’s 80-year-old grandfather was also affected. The assailants showcased him on the street and struck him with wooden clubs.

Suleman was taken to the hospital by his villagers, where he was pronounced dead by doctors. His father stated that his son was not dating any girl, and during the confrontation, the villagers were unable to assist because of their fear.

According to Suleman’s father, Rahim Khan, on the day of the incident Suleman was working with his father, when around 11 am Suleman told his father he is going to fill up a Police recruitment form after which the people kidnapped and beat him. The people was brought to his home at around 4pm. When the father tried to intervene the mob started attacking him and other members of the family.

Police Arrests 8 Suspects

The authorities have apprehended 8 suspects related to this case up to now. The initial four suspects were apprehended on Tuesday: Abhishek Rajkumar Rajput (22), Ghanshyam also known as Suraj Biharilal Sharma (25), Deepak Bajirao (20), and Ranjan also referred to as Ranjit Ramakrishna Matade (48).

While the other four were taken into custody on Wednesday. All the defendants have been placed in police detention until August 18. The arrests were confirmed by the inspector of the Jamner police station.

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Crime

Palghar News: Young Man Assaulted With Axe In Broad Daylight, Mob Tie Up Attacker Before Police Arrest

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1 day ago

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August 13, 2025

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Palghar, Maharashtra: A broad daylight attack in a busy Palghar neighbourhood shocked residents on Wednesday after a young man allegedly assaulted a 35-year-old with an axe, leaving him seriously injured.

The incident occurred around 4 p.m. at the main square in the Kamala Park housing colony on Mahi Road. According to police sources, the accused, believed to be around 27 years old, struck Baboolal Fulchand Yadav in the face with an axe, causing severe injuries. Yadav was immediately rushed to a hospital, where he is undergoing treatment.

Eyewitnesses said the attacker attempted to flee, but local residents intervened, catching him and tying him to a tree with ropes before thrashing him. Police arrived shortly afterward, to control the mob and take the accused into custody 

The motive behind the attack is still under investigation, and the process of registering a formal case in ongoing. The suspect’s identity had not been officially confirmed at the time of reporting.

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