Investigating Officer not taken due care to seal weapon

2022 CRL L. J. 1088
AIROnline 2021 BOM 3950 (BOMBAY HIGH COURT)(AURANGABAD BENCH)

Kalyan Deorao Sawase v. State of Maharashtra.

Criminal Appeal No. 358 of 2014, D.21- 9-2021.Penal Code (45 of 1860), S.302 Evidence Act (1 of 1872), S.27 Murder Recovery of weapon - Recovery of axe at instance of accused Investigating Officer not taken due care to seal weapon axe as soon as recovered from spot pointed out by accused, an important exercise Scope of tampering and handling by others when axe allegedly stated to be stained with blood Unsafe to rely upon disclosure statement of accused and discovery of weapon axe at his instance and seizure Chain of circumstances not complete Motive not proved Recovery of weapon and seizure thereof found tainted exercise C.A. report cannot be used against accused when that incriminating evidence was not specifically put to accused and denied opportunity to offer any explanation about that incriminating evidence Accused, acquitted.