point that at the time of trial, neither the seized weapon was available nor it was shown to the doctor nor any information was sought ... question that whether injuries could be caused by the weapon seized and the seized weapon must be shown to the medical witness in Court, learned
police. The police came and
seized the stained mud, unstained mud, shirt of P.W.1 and
seized the weapons. The police have drawn ... caused by such weapon and the
said circumstance creates doubt. No doubt in the case on
hand also, the weapons seized were not referred
injuries suffered by the deceased persons can
be caused by the weapons seized from the accused persons.
14] So far as the weapons seized from ... persons are
concerned, they are as under:
name of the accused weapons seized Article
Kailash Dharia FF
Babulal Lathi P
Rakesh Dharia Q
Dilip Lathi
seized weapons were not stained with blood
and the weapons which were produced at the time of trial, were completely
different from the seized weapons ... learned Judge also held that the
seized weapons were not the offending weapons. As regards the charge
5
under Section 148 Indian Penal Code
report shows blood stains found on the seized weapons but does not
disclose the fact that the blood group is of the injured ... query with respect to inflicting of
9
injuries by the aforesaid seized weapons has not been put up at any point
of time. Thus
apeal428.15
sketch of the crime spot was prepared, the seized weapons were sent to
the Medical Officer and opinion obtained on the possibility ... injuries found on the body of Madhukar being caused by the weapons
seized. The statements of witnesses were recorded and upon
completion of investigation
cross-examination, at
paragraph-4, this witness has clarified that the seized
weapon (Article-A) which was being addressed by him as a
sword ... inches, before the witnesses on
04.09.2000 vide Ex.P-2. The seized weapon was examined
by Dr. Girdharilal Chandrakar (PW-7), who in his report
Regarding description of the weapon also,
there is variation in the statement given before the
doctor and the weapon seized by police ... commission of the
crime is mentioned as `long', whereas, the seized
weapons are chopper and sickle (PÀÄqÀÄUÉÆîÄ), as such,
there is discrepancy
witnesses, it is seen that there is variation in the
weapons seized from the accused and the weapons actually used for the
occurrence ... evidence do not make any difference between
the weapons used for the occurrence or the weapons seized from the accused on
their confession
witness on the memorandum and seizure panchanama in
respect of the weapon seized at the instance of accused Sahadeo
examined ... panch on
the memorandum and seizure panchanama in respect of the
weapons seized at the instance of accused no. 1 to 3 is examined
