Monday, 21 October 2019

Whether prosecution evidence can be disbelieved if there is no recovery of weapon of offence?

As there is clear eyewitness
account of the incident and none of the two eyewitnesses could be
shaken during crossexamination
and they had stuck to the

recollection of the facts relating to the incident, the mere fact that the
weapon of assault or the bullet was not recovered cannot demolish the
prosecution case. 
NON REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 935 OF 2011

PRABHASH KUMAR SINGH  Vs  THE STATE OF BIHAR (NOW JHARKHAND) 


Aniruddha Bose, J.
Dated:September 12, 2019.
Read full judgment here: Click here
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