UTTAM BISWAS Vs. STATE

JUDGEMENT

(1.) A perusal of the impugned judgment does not guides us much as to what circumstances have been used by the learned Trial Judge to convict the appellant. But, learned counsel for the State submits that from lines scattered here and there, it can safely be said that the in-criminating circumstances against the ap-pellant are that the clothes of the appellant recovered at the time of his apprehension were stained with blood; pursuant to the disclosure statement Ex.PW-2/H made by the appellant, a tong (chimta) Ex.D-1 and half brick Ex.P-7 stained with blood was recovered. Further incriminating evidence, urges learned counsel for the State, is that the testimony of PW3 establishes that the appellant and the deceased were co-work-ers in his factory and used to sleep in the factory itself. The deceased was brutally murdered on the verandah of the second floor of the said factory. The appellant was found in the factory and feigned an injury.

(2.) We may note at the outset that the chimta Ex.P-1 has not been linked as the weapon of offence. It has not been shown to Dr. Chanderkant PW-6, who conducted the post-mortem of the deceased. As regards the half-brick Ex.P-7, we note that the same has not been sent for serological test. The re-port Ex.PW-14/A of the FSL laboratory shows that various exhJLrfts which were seized during investigation were sent for se-rological examination, but unexplainably, half-brick Ex.P-7 has not been sent for se-rological examination. Thus it is not estab-lished that the brick Ex.P-7 was stained with blood.

(3.) With reference to the testimony of SI Yashpal Yadav PW-2, Inspector R.S. Nehra PW7 the investigating officer, and Ct. Neeraj PW-12, as also the testimony of Vijay Manchanda PW-3, the owner of the factory where the deceased Bali Ram Tiwari was found murdered, it is apparent that the crime was detected when Vijay Manchanda PW3 reached the factory at around 9:25 AM on 4.8.1999 and could not enter the factory as there was no response from inside when he pressed the button of the bell. He asked a person in the neighbourhood to see from the roof of the adjoining factory as to why there was no response. The person told him that a person was lying in a pool of blood in his factory. When Vijay Manchanda gave said information to the police, the three po-lice officers afore-noted reached the factory and upon entering the same found Bali Ram Tiwari dead in a pool of blood on the second floor. The dagger Ex.P-2 was lying next to the dead body. As they came down the stairs, they found the appellant on the stair-case between the first and the second floor. The appellant was unconscious and injured. The appellant was removed to the hospital where he was treated by one Dr. Rakesh who prepared the MLC Ex.PW-13/A which records that the appellant was having ten-derness on the chest valves. The appellant was advised x-ray.