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1 - 10 of 14 (0.23 seconds)State Of U.P. vs Swami Deen S/O Chhedi Lal And Ors. on 11 November, 2005
Reference
in this connection is made to judgement of the Supreme Court in
State of U.P. vs. Swami Deen, supra, in which it was held in para
19 as under:
Section 106 in The Indian Evidence Act, 1872 [Entire Act]
State Of M.P vs Laakhan @ Lakhan on 21 April, 2009
As regards the delay of sending FIR to the Magistrate in the
present case, we find that though of course there is some delay
in receipt of the FIR by the Magistrate, but that cannot be a
factor to overlook the evidence otherwise available in this
regard. Reference in this connection is made to judgement of the
Supreme Court in State of M.P. vs. Laakhan @ Lakhan, supra.
The Code of Criminal Procedure, 1973
Bodh Raj @ Bodha And Ors vs State Of Jammu And Kashmir on 3 September, 2002
Narayan Singh (PW6) of course, has turned hostile, but
Bhojraj Singh as PW8 has supported the case of the prosecution
on this aspect. The minor variations and contradictions in the
statement of prosecution notwithstanding, the fact that the
deceased was lastly seen with the accused and the extra judicial
confession of the accused is proved beyond reasonable doubt,
which eventually lead to the discovery of the dead body of Jalam
Singh. Significantly, large number of villagers despite having
searched in the jungle adjoining the village Rampura, were
unable to locate the dead body but it was traced out
immediately after disclosure made by the accused. As held by
the Supreme Court in Bodh Raj @ Bodha, supra, "the last seen
theory comes into play where the time gap between the point of
time when the accused and deceased were seen last alive and
when the deceased is found dead is so small that possibility of
any person other than the accused being the author of crime
becomes impossible." In the present case, the accused was seen
in the company of the deceased late in the evening of
27.02.2010 and thereafter accused alone returned back to his
village. When Devi, wife of the deceased Jalam Singh went to his
house to enquire about her husband, accused told her that he
has stayed back in Gafa Imli Ka Badiya and would come on his
own, but at this time, accused handed over the axe/`kulhari' of
the deceased to his wife. Mere fact that this `kulhari' was not
received by the Investigating Officer, would not be a lacuna so
(18 of 22)
[CRLA-67/2013]
fatal in the prosecution case so as to discard the entire evidence.
Besides, that 'kulhari' was not the weapon of offence.