Constitution of India, 1950, Art. 136-Criminal appeal against acquittal-Scope of interference by Supreme Court.
Criminal trial-Circumstantial evidence-Approach by Court.
Evidence Act (1 of 1872), s. 27-Weight of evidence re: recovery- Panch witnesses-If should be different for each recovery.
Criminal Procedure Code (Act 5 of 1898). s. 510-Admissibility and weight of report of finger print expert.
The accused was charged with murder by stabbing, and the evidence against him was circumstantial. It consisted of: (a) evidence of ill-will against the deceased furnishing a motive (b) evidence that he was last seen in the company of the deceased, (c) evidence furnished by finger prints, that he was present in the room of the deceased at or about the time of the murder, (d) evidence that he was subsequently found in possession of articles which had incriminating blood strains, and (e) evidence that he had hidden a dagger with bloodstains thereon, and certain other articles, which were discovered on information furnished by him.
The trial court convicted him but the High Court set aside the conviction on the ground that the witnesses were not independent or impartial.