Criminal Trial - Lack of recovery and identification of stolen articles -  These articles which were recovered from M which have been identified only by 3 PWs  - Although, number of witnesses including the family members witnessed the aforesaid dacoity, only three persons could individually identify three different objects separately which this Court finds suspicious to believe in – In the light of facts and circumstances cannot lend any credibility to the alleged allegations regarding dacoity. (2018)2 SCeJ 1296 : SUPREME COURT OF INDIA

DOWNLOAD

Criminal Trial - Non-recovery  - Non-recovery of the weapon used by the accused appellants and recovery of the blood stained shirt after six days of the date of the incident -  However, merely on the basis of these circumstances the entire case of the prosecution cannot be brushed aside when it has been proved by medical evidence corroborated by testimonies of the prosecution witnesses that the deceased died a homicidal death - When there is ample unimpeachable ocular evidence and the same has received corroboration from medical evidence, non-recovery of blood stained clothes or even the murder weapon does not affect the prosecution case . Manjit Singh and Anr. v. State of Punjab and Anr. ***, (2013) 12 SCC 746, relied. (2016)3 SCEJ 588