Crime
Mere recovery of blood-stained weapon matching deceased’s blood group not sufficient to prove murder: SC
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
CMRL-Exalogic scam: Pinarayi Vijayan, Riyas named first accused in two separate cases

Thiruvananthapuram, Oct 12: The Vigilance and Anti-Corruption Bureau (VACB) will register two FIR in the controversial cases at the Vigilance Court here on Monday, naming former Chief Minister Pinarayi Vijayan and CPI(M) legislator and former Minister P.A. Mohammed Riyas as the first accused in separate cases.
The first case pertains to the CMRL-Exalogic monthly payments, in which Vijayan is the first accused. The second case involves the alleged corruption money received by Riyas, who was the tourism minister in the second LDF cabinet and is the husband of T. Veena, the daughter of Vijayan.
Veena is the second accused in both the cases.
The move follows a Kerala High Court single bench directive to register cases and conduct a full-fledged investigation into allegations arising from monthly payments made by the Cochin Minerals and Rutile Ltd (CMRL) to Exalogic Solutions, a company owned by Vijayan’s daughter, Veena, and alleged benefits extended to the company by those holding public office.
In the first case, relating to the CMRL-Exalogic transactions, Vijayan will be the first accused and Veena the second accused.
In the second case, Riyas will be the first accused and Veena the second accused.
The two FIRs will examine the distinct allegations against the accused and the circumstances surrounding the payments and alleged favours.
The High Court had directed the Vigilance to register cases on the basis of the Enforcement Directorate’s report instead of conducting a preliminary inquiry.
The order marks a significant step in the politically sensitive controversy, which has remained under investigation by Central agencies and has triggered a prolonged political confrontation in Kerala.
The court had also set aside the police chief’s order constituting a special investigation team without the government’s approval.
The government is expected to issue a fresh order appointing a special team recommended by the Vigilance Director, in accordance with the court’s observations on the authority to constitute such a team.
All relevant documents held by the Crime Branch have been handed over to the Vigilance.
The agency’s position is that prior sanction is not required to proceed with the investigation in view of the High Court’s specific direction.
Meanwhile, sources familiar with the developments said Vijayan is moving ahead with a petition before the High Court’s division bench later on Monday, challenging the single bench order.
His move could open a fresh legal battle over the scope and procedure of the Vigilance investigation.
The registration of the two FIRs is expected to intensify the political and legal ramifications of the CMRL-Exalogic case, with the investigation now required to establish whether the payments were linked to any undue official favours.
Crime
Newlywed poisons husband, 3 family members in Maharashtra Jalgaon

Jalgaon, Oct 11: A shocking incident has come to light in Maharashtra Jalgaon district, where a newlywed woman attempted to kill her husband and three members of his family by mixing rat poison into their food just two days after their wedding, officials said on Sunday.
Police have arrested two women, including the bride, who were allegedly attempting to flee after the incident. The case came to light after the affected family members fell ill, prompting police to launch an investigation into the suspected poisoning and the circumstances surrounding the women’s disappearance.
The incident took place in Velhane village in Parola taluka of Jalgaon district. According to officials, the couple got married on October 7, and the alleged poisoning occurred on October 9, the third day of their wedding celebrations.
Police said the bride allegedly mixed rat poison into the food prepared for her husband and his family members. After the food was consumed, she reportedly left the house with another woman, taking some jewellery and the money received during the wedding with her.
The incident came to light when members of the family began experiencing health problems after consuming the food. The elders of the house were subsequently admitted to a government hospital in Dhule for treatment, officials said.
After receiving information about the suspected poisoning, police reached the spot and initiated an investigation into the incident.
The incident triggered anger among the family members and local residents, who gathered outside the police station and blocked the road. They demanded that the two women be arrested and that appropriate charges be filed against them.
The police intensified their efforts to locate the accused. The two women, who were allegedly trying to escape, were eventually detained near Nimgul village in Dhule district, officials said.
After their arrest, preliminary details emerged about the accused women’s backgrounds. Police found that the bride, identified as Suman Subhash Sahni, was a resident of Jharkhand. The other woman, identified as Aarti Suryaksh Patel, was also reportedly from Jharkhand.
It was also reported that the man had married Suman after paying Rs 2.5 lakh.
Police are investigating the allegations and gathering further details to establish the exact circumstances of the incident.
Crime
Gujarat Police nab three more accused in Punjab’s Mad Sandhu murder case

Ahmedabad/Valsad, Oct 11: The Gujarat Anti-Terrorism Squad (ATS) and Valsad Special Operations Group (SOG) have arrested three men wanted in connection with the murder of social media influencer and makeup artist Madhu Sudan Singh alias Mad Sandhu, who was shot dead in Punjab Amritsar earlier this month.
The three accused, identified as Harsimranjit Singh alias Simu Singga, Fateh Singh and Arman Singh, were detained in Vapi in Valsad district following a joint operation by the state police units.
According to the Gujarat ATS, Mad Sandhu was shot dead by two unidentified persons near a car washing centre on Lorahka Road in Amritsar on October 3.
“A case was subsequently registered at Cantonment Police Station in Amritsar City,” officials said.
The ATS received information about the suspects from senior officials of the Crime Investigation Agency (CIA) in Punjab, who shared details of the case with their counterparts in Gujarat.
Following instructions from senior officers, an investigation was initiated under the supervision of Superintendent of Police (SP) K. Siddharth, with Deputy Superintendent of Police (DySP) Harsh Upadhyay and Police Inspector Krupesh Patel leading the investigation.
The inquiry revealed that the three men allegedly involved in the murder were in Vapi.
Harsimranjit Singh, Fateh Singh, and Arman Singh, are all originally from Sange village under Sadar Police Station in Tarn Taran district of Punjab.
Given the possibility that the suspects could leave the area, the ATS shared their profiles, location details and other relevant information with the Valsad SOG.
Police Inspector D.D. Parmar and his team subsequently detained all three men in Vapi.
A Gujarat ATS team comprising Police Inspector J.N. Chavda, Police Sub-Inspector M.L. Solanki, Police Sub-Inspector K.R. Patel, Police Sub-Inspector V.B. Khant and other personnel then brought them to the ATS office for questioning.
“During interrogation, investigators gathered details about the alleged roles of the three accused in the murder, the reconnaissance conducted before the shooting and other aspects of the case,” the ATS said.
The Punjab Police was subsequently informed of their detention.
On October 10, a Punjab Police team arrived at the Gujarat ATS office, took custody of the three accused and transported them to Punjab for further legal proceedings.
The investigation into the murder is being pursued by the Punjab Police.
Earlier, the Ahmedabad Crime Branch arrested Parminder Prasad alias Parminder Kaka, the alleged main shooter in the murder, in the Vadaj area of Ahmedabad on October 8, following an input from the Amritsar Police.
According to Crime Branch officials, Parminder allegedly opened fire on Mad Sandhu and arranged the motorcycle used in the attack.
Punjab Police subsequently took him to Amritsar for further investigation, while investigators were also probing the suspected links of the killing with the network of foreign-based gangster Goldy Dhillon.
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