LAW FOR ALL

In the case of Sunil Clifford Daniel (supra) the court held that non- matching of blood group or absence of report regarding origin of blood, no advantage can be conferred upon accused to claim benefit of doubt. This decision also deals with the argument canvassed by the appellants about absence of signature of accused on the seizure memo/recovery memo. The court rejected that plea and held that merely because the recovery was not signed by accused, it will not vitiate the recovery itself. Further, every case has to be decided on its own facts. Accordingly, even this contention of the appellants must fail. 39. The argument that the memorandum under Section 27 of the Evidence Act was a fabricated document as the signature of accused was obtained on a blank paper, does not impress us .The courts below have considered the evidence on record and found that the memorandum making disclosure about the gold ring in possession of accused No. 6 was admissible and trustworthy. We are not inclined to disturb the concurrent findings recorded by the two courts below in that behalf. 40. The next argument of the counsel for the accused No. 6 is that even if accused No.6 had failed to offer any valid explanation regarding possession of gold ring of deceased Raman, he can at best be proceeded for offence punishable under Section 411 of IPC and not for the offence of murder. This submission is obviously an argument of desperation. For, conviction simpilicitor under Section 411 of IPC or under Section 201/120B of IPC as rendered against accused No. 7 would be possible, if evidence on other crucial facts was absent. In so far as accused No. 6, there is clinching evidence to hold against him on the basis of last seen together, seen loading the gunny bag in the vehicle and then travelling in the same vehicle for disposal of the dead body. This evidence cannot be disregarded. The finding recorded by the Trial Court in favour of the acquitted accused or by the High Court in favour of the accused No. 7, is not by disbelieving the evidence of the same prosecution witnesses. But, it is in the context of the limited role of the concerned accused established from the evidence of the same prosecution witnesses. The accused No. 6 cannot take advantage of that finding, in view of overwhelming evidence of his complicity in the commission of crime. 41. In view of the above, we hold that the appeals filed by accused Nos. 1, 3 and 6 respectively, are devoid of merits.