The State vs 1. Sanjay on 21 January, 2015
In this regard , I
may mention the authority of Deepak Chaddha vs
State of Delhi, 2012 (1) JCC 540 wherein Hon'ble
High Court of Delhi held " We do not propose to deal
with the purity of the evidence relating to the two
recoveries i.e the recovery of the shirt and the knife at
the instance of the appellant, for the reason, in the
SC No.07/14 State vs Sanjay etc., (Page 19 of 22 )
FIR No. 454/13
D.O.D 21.1.2015 P.S S.B Dairy
u/s 302 /34 IPC
decisions reported as Kallo Passi Vs State, 2009(2) vs
Chhatrasing & Ors., AIR 1977 SC 1753; Surjit Singh vs
State of Punjab, AIR 1994 SC 110; Deva Singh Vs
State of Rajasthan , 1999 CriLJ 265 , & Prabhoo vs
State of UP, AIR 1963 SC 1113 the Supreme Court held
that in the absence of other incriminating evidence, the
circumstances of seizure of blood stained clothes at the
instance of the accused as also the recovery of a possible
weapon of offence at the instance of the accused are wholly
in sufficient to sustain the charge of murder against the
accused".