Vs.
EmailAppeal:
Petitioner:
Respondent:
Apeal:
Judges: K.T. THOMAS & D.P. MOHAPATRA, JJ.
Date of Judgment: Mar 19, 1999
Head Note:
CRIMINAL LAWS
Evidence Act, 1872
Section 45, 27, 3 – Circumstantial evidence – Two Axes recovered on information by two accused – Blood detected on both – Serolog-ical test finding human blood on one – Origin of blood on second not detectable. Held that it was no ground to reject the report or evidence. Weighty consideration should be given in evaluating circumstantial evidence.
Held:
Failure of the Serologist to detect the origin of the blood, due to disintegration of the serum in the meanwhile, does not mean that the blood stuck on the axe would not have been human blood al all. Sometimes it happens, either because the stain is too insufficient or due to hematological changes and plasmatic coagu-lation that a Serologist might fail to detect the origin of the blood. (Para 25)
JUDGEMENT:
