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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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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.”

Crime

UP Shocker: Mother Of 5 Children Dies After Beaten Up By 24-Year-Old Lover Over Breakup In Noida

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A mother of five children died after her 24-year-old allegedly beaten her up following a heated argument over breakup on Monday in Noida. According to reports, the victim has been identified as Neeraj. The police registered a case of culpable homicide not amounting to murder and arrested the accused boyfriend.

According to police, woman’s husband Satish, originally a resident of village Hathni Gud in Badaun district, works in a private company. He lives on rent in a house located in Mamura village with his wife Neeraj and five children. Neeraj had an extramarital affair with Arjun, a resident of village Sahpur in Shahjahanpur district who lived in the neighbourhood, for the past three years.

Arjun worked as a housekeeper in a private company located in Sector-59. Husband Satish was unaware of their affair. Neeraj went to meet Arjun in his room in the neighbourhood on Monday evening around 6 PM. Here, a fight broke out between the two about breakup. After the argument, Arjun physically assaulted Neeraj. During this, Neeraj became unconscious and fell to the ground.

Panicked Arjun rushed her to a nearby hospital, from where the woman was referred to Kailash Hospital. Seeing no improvement in her condition, the woman was referred to the district hospital, where doctors declared her dead.

After being alerted, police arrived and sent the body for the post-mortem. They also took boyfriend Arjun into custody. Family members allege that Arjun murdered Neeraj by strangulation.

According to police, the woman had married Satish about 13 years ago. The couple has five children. To educate the children, Satish brought Neeraj from his ancestral village to Noida about five years ago. While living in lane number eight, Neeraj became friends with Arjun, who lived in the neighbourhood. Gradually, the friendship between the two turned into a love affair. Arjun is 24 years old and unmarried.

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Crime

Mumbai Shocker: Stepfather Arrested For Murder Of Missing 4-Year-Old Girl From Antop Hill; Body Found In Colaba

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Mumbai: In a chilling turn of events, the Mumbai Police on Tuesday arrested Imran Shaikh, the stepfather of four-year-old Amaira Shaikh, in connection with her murder. The child had gone missing from her residence in Antop Hill on the night of July 14 and her body was recovered from the Colaba sea coast the next morning.

Police Suspected Stepfather Over Girl’s Disappearance

Amaira was reported missing by her mother, Nazia, who had gone to the Antop Hill police station to lodge a complaint. However, as the investigation progressed, suspicion grew around Imran’s role in the child’s disappearance. Imran, also known as Immu, had taken Amaira with him the night she went missing and had been unreachable since, with his phone switched off.

Body Found Near Sassoon Dock

Amaira lived with her mother and stepfather in the Bengali Pura area of Rajiv Nagar in Antop Hill. Nazia, who has been previously married twice, was currently in her third marriage with Imran. On the night of July 14, after failing to locate Amaira despite searching extensively, Nazia approached the police. The next morning, Colaba police received an alert about a child’s body found floating near Sassoon Dock. The body, later confirmed to be Amaira’s, was sent to St. George Hospital for a post-mortem examination.

Initially, the Antop Hill police registered an Accidental Death Report (ADR), but with Imran absconding, suspicions deepened. Using physical identifiers from the missing person’s report, Colaba police confirmed the identity of the deceased. Cops now believe that Amaira may have been murdered and her body dumped into the sea.

Following this development, police intensified efforts to trace Imran. After going off the radar briefly, he was arrested on Tuesday. Authorities are now focusing on uncovering the motive behind the brutal crime and piecing together the exact sequence of events leading to the child’s death.

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Crime

‘Kicked, Punched’: Father-Son Duo Thrash Traffic Cops In Nallasopara After Being Asked For Driving Licence

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In a shocking incident on Monday morning, a father-son duo in Nallasopara East allegedly assaulted two traffic policemen in broad daylight after being stopped for driving without a valid license. The entire incident, which took place around 10 am near Sitara Bakery in Nagindas Pada, was caught on mobile cameras by bystanders.

According to the police, the boy was stopped during a routine check for not carrying a valid driver’s license. When questioned by constables Hanumant Sangle and Sheshnarayan Aathre, he reportedly called his father to the scene. The situation escalated quickly, with both the father and son allegedly verbally abusing and physically assaulting the two officers with kicks and fists.

The attackers have been identified as Mangesh Narkar and Parth Narkar, both residents of Nallasopara. Eyewitness footage shows the duo manhandling the police personnel in full public view, drawing strong reactions on social media.

The Tulinj Police are currently investigating the case. An FIR is expected to be registered under relevant sections of the Indian Penal Code, including assault on public servants and obstruction of duty. Officials confirmed that a legal process is underway and the footage is being reviewed as part of the probe.

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