Indian Kanoon - Search engine for Indian Law

8: Blood samples of accused/appellant Rajesh @ Rakesh Yadav and accused/appellant Raja Yadav were taken, preserved and sealed packets of seized articles were sent to F.S.L. Sagar. As per the report of FSL Sagar Ex.P/44, DNA profile of hair stranded in the finger of right hand of deceased Ajit Pal @ Boby of male profile i.e. Ex.A(ID 7905) is similar to that of DNA Profile of accused/appellant Rajesh @ Rakesh Yadav i.e. Ex.B(ID-7906) whereas the DNA Profile of accused/appellant Raja Yadav i.e. Ex.C(ID-7907) is different.

10 : Learned Sessions Judge, after considering the prosecution evidence convicted and sentenced the accused/appellants as mentioned above.

11 : We have considered the rival submissions of learned counsel for the parties and perused the records.

12 : Learned Govt. Advocate appearing on behalf of the respondent/State has submitted that there is enough clinching material evidence to hold guilty the accused/appellants for commission of offence. Learned Govt. Advocate, further submitted that as per the DNA profile test done by FSL Sagar, it is clearly proved that there is cogent evidence against the accused/appellants, and they are found guilty of commission of the offence, because DNA of accused/appellants and DNA profile of the hair stranded in the finger of right hand of deceased Ajit Pal @ Boby, which clearly indicates that accused/appellants had committed murder of the deceased in brutal manner. The matching of DNA profile with the dead body cannot be termed as a co- incidence. This is the important piece of evidence which on meticulous examination are corroborative evidence and cannot be overlooked. The blood samples of accused/appellants have been kept in proper custody and were sent for test without tampering. Therefore, the same cannot be questioned. Hence, it is a rarest of rare case and trial Court has rightly awarded death sentence against the accused/appellants.

35: R.S. Parmar (PW/16) has deposed that he had received the report of DNA finger printing unit of State Forensic Science Laboratory, Sagar as Ex. P/44. It is settled law that the evidence of the experts is admissible in evidence in terms of section 45 of the Evidence Act, 1872. It can be read without proving of its contents. Its truthness has not been challenged. As per report Ex. P/44, on examination of blood of accused/appellant Rajesh @ Rakesh and Raja Yadav and hairs stuck found in the finger of right hand of deceased Ajit Pal @ Bobby, it was found that DNA source found on hair Ex. A (1D-7905), DNA profile of male was found. Male DNA profile found on hair stuck, found in the finger of the deceased Ex. A (1D7905) and DNA found on the blood of appellant Rajesh @ Rakesh Ex. B (ID-7906) are similar but, male DNA profile found on hair stuck, found in the finger of the deceased, Ex. A(1D-7905) and DNA found on the blood of appellant Raja Yadav, Ex.C ID-7907 are not similar. Thus DNA profile of stuck of hairs found in the finger of the deceased was same as the DNA profile of blood of Rajesh @ Rakesh.

36: The DNA test report maching the DNA profile of blood of appellant Rajesh @ Rakesh as well as hair found in the finger of dead body of deceased or the curcumstances, which definitely and unerringly indicate towards the guilt of the said appellant/accused. The maching of DNA profile with the dead body or hair found in the finger of the deceased cannot be termed as co-incidence. This is the important piece of evidence, which is on maticulous examination or corroborative evidence and cannot be overlooked.