All recovery panchanamas by which weapons were recovered at the instance of appellant/accused shows that P.W.15 P.I. Suryawanshi, P.W.13-A.P.I. Bhalsing and P.W.12-A.P.I. Vibhandik have used paper seals while sealing bloodstained weapons recovered at the instance of appellants. Cross-examination of P.W.15-P.I. Suryawanshi throws light on this aspect. It makes it clear that those weapons were separately wrapped in separate papers and then labels under signatures of panchas and investigating officers were affixed on those bundles. This procedure is sought to be criticized by placing reliance on the judgment of this Court in the matter of Malhari Gopal Bhoval & Ors. (Supra). It is observed in the said case that non-sealing of articles at the spot is a serious infirmity because possibility of tampering with said articles cannot be ruled out. However, in the case in hand, it cannot be said that recovered weapons were not sealed. In-fact, perusal of contents of duly proved recovery panchanamas as well as the evidence coming on record from cross-examination of P.W.15-P.I. Suryawanshi goes to show that weapons were separately wrapped in papers and paper seals containing signatures of Investigating Officers and panch witnesses were affixed to those bundles. There is no cross-examination of official witnesses seizing those weapons to demonstrate that when those weapons were sent for chemical analysis, paper seals were in broken condition. On the contrary, C.A. reports (Exh. 162, 163, 164, 165, 166, 167, 168, 169 and 170) shows that the Forensic Science Laboratory has received sealed packets with seals intact. There is no rule of law that sealing must be done by wax seal and sealing by paper seal is not permissible. Ultimately, there should be a reasonable doubt about tampering of seized bloodstained articles/weapons. Such doubt cannot be an imaginary, trivial or merely possible doubt. It should be a fair doubt based upon reason and common sense. When C.A. report shows that seized articles were received by the Forensic Science Laboratory in sealed condition with seals in-tact, then it cannot be said that there was possibility of tampering with seized articles/weapons. We, therefore, are unable to accept arguments of learned Counsel for appellants that because of non-sealing of articles/weapons by a wax seal, seized weapons were susceptible to tampering and therefore C.A. Reports are of no use to infer guilt of appellants.
IN THE HIGH COURT OF BOMBAY
Criminal Appeal Nos. 109 and 110 of 2011
Decided On: 10.01.2017
Pravin Dhondiram Chorge and Ors.
Vs.
The State of Maharashtra
Vs.
The State of Maharashtra
Hon'ble Judges/Coram:V.K. Tahilramani and A.M. Badar, JJ.
Citation: 2017 ALLMR(CRI)1196
