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32. Apart from this, as per FSL report (Exhibit P-31), it is evident that the lathi (Article-C) recovered from the appellant No.1 was stained with blood. The Shirt (Article-D) recovered from appellant No. 1 was also stained with blood. The blood grouping and source of blood could not be conclusively determined because the blood had disintegrated by the time it was put to forensic examination, however, the facts remain that the blood was found on the lathi recovered from the appellant No.1 as well as the shirt of the appellant No.1. The presence of blood was confronted with the appellant No.1 under Section 313 Cr.P.C. in question No. 67. However, he expressed ignorance about presence of blood on his shirt and lathi, the appellant No.1 failed to explain the presence of blood, of whatever nature found on his shirt and lathi recovered from him.

33. So far as the blood on the shirt having disintegrated and its group not having been ascertained, it settled in law that accused is not entitled to any benefit only on the ground that blood grouping not being determined and origin of blood not being ascertained on account of blood having disintegrated. In the case of State of Rajasthan Vs. Tejaram and others 1999(3)SCC 507 , it has been held by Hon'ble Apex Court as under:-

34. Further in the case of Sunil Clifford Daniel Vs. State of Punjab 2012(11) SCC 205, the Hon'ble Apex Court has held as under:-

"41. Most of the articles recovered and sent for preparation of FSL and serological reports contained human blood. However, on the rubber mat recovered from the car of Dr Pauli (CW 2) and one other item, there can be no positive report in relation to the same as the blood on such articles had disintegrated. All other material objects, including the shirt of the accused, two T-shirts, two towels, a track suit, one pant, the brassiere of the deceased, bangles of the deceased, the undergarments of the deceased, two tops, dumb-bell, gunny bag, tie, etc. were found to have disintegrated (sic blood).

46. In view of the above, the Court finds it impossible to accept the submission that, in the absence of the report regarding the origin of the blood, the accused cannot be convicted, upon an observation that it is only because of lapse of time that the classification of the blood cannot be determined. Therefore, no advantage can be conferred upon the accused, to enable him to claim any benefit, and the report of disintegration of blood, etc. cannot be termed as a missing link, on the basis of which, the chain of circumstances may be presumed to be broken. "