RAMRAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal filed under Section 374(2) of the Code of Criminal Procedure, 1973, the appellant questions his conviction under Section 302 of the Indian Penal Code, 1860, on 07-12-2012 by the Adhoc Additional Sessions Judge-2, Wardha in Sessions Case No.127 of 2011.

(2.) The case of the prosecution in brief is :-

(3.) Shri R.M. Daga, learned Advocate for the appellant, in this background, submits that there is no eye witness and no material on record that the accused was absconding or was arrested from some other place. He states that the prosecution is relying upon the recovery under Section 27 of the Indian Evidence Act, 1872, which shows that the alleged axe was found in the kitchen of the house. Thus, in view of this apparent inconsistency, the evidence about the recovery or then Arun or Nagesh seeing the accused leaving the house with axe in his hand, cannot be accepted. He argues that the blood group of the accused could not be determined by the Chemical Analyzer and hence the said document cannot be used against the accused.