Relevant para of judgment Kishore Bhadke vs State
of Maharashtra (based of last seen evidence)
"16. The prosecution has also
established the vital circumstances of last
seen together. The evidence is given by
PW11 & PW12 in particular. Their
evidence will have to be juxtaposed with
the evidence of PW-15, who has spoken
about the telephone call received from
Nalini and pursuant to which Raman left
his house in her presence with relevant
Sessions Case No. 440274/2016 State Vs. Jaspal Page No.19/50
documents/papers. The courts below have
accepted her version as truthful and
reliable. That evidence cannot be
discarded on the basis of some minor
discrepancies pointed out during the
court of argument. The finding recorded
by the two courts below with regard to
PW15 about the truthfulness of her
version is unexceptional. The evidence of
PW11 corroborates the fact that deceased
Raman had gone to bank for withdrawing
cash amount and then proceeded to the
house of Nalini accused No.1. He has
deposed that Raman went inside the
house of Nalini and saw accused No.2,3,4
and 6 standing near the cattle shed of
Nitin Rai. While returning back, he saw
accused No.5 standing near the water
tank.
12. Another circumstance that has been
proven is about the recovery of knife,
blood-stained clothes and the ashes of the
burnt blanket. The seizure witnesses
Sukha, PW7 and Nanak, PW9 have proven
the seizure. It is submitted by the learned
counsel for the appellant that police had
recorded the confessional statement of
the accused-appellant at the police
custody and thereafter, as alleged, had
recovered certain things which really do
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not render any assistance to the
prosecution, for the confession recorded
before the police officer is inadmissible.
That apart, the accused had advanced the
plea that the articles and the weapon
were planted by the investigating agency.
To appreciate the said submission in
proper perspective, we may profitably
reproduce a passage from State of UP v
Deoman Upadhyaya, AIR 1960 SC 1125: