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conviction of accused Hari Om for the offence under Section 396 IPC, and
he must be held entitled to benefit of doubt.
29.
We now turn to the submissions b) and c) of Mr. Marlapalle, learned
amicus curiae.
Insofar as accused Sanjay @ Sonu and Saurabh @ Sanju are
concerned, apart from the material that their sample fingerprints matched
with those lifted from the house of the deceased, nothing was brought on
record to suggest or suspect the involvement of said two accused. They
were acquitted of the charges under Section 412 of IPC and under the Arms
Act. Whether their liability in the instant case can be fastened with the help
of the fingerprint expert’s report is the question.
30.
According to the record, Exhibit Ka 7 was the Panchnama testifying
the lifting of the fingerprints from the house of the deceased by Constable
Dharmender Singh. If the fingerprints were picked from the glasses there
is nothing to indicate what method was applied to lift the fingerprints from
the glasses allegedly used by the accused when they were offered water.
What the record indicates is that some photographs were sent to the office
of the Director, Fingerprint Bureau, Lucknow and nothing more. It does
not show the procedure adopted for taking such photographs, and
whether such method is a trusted and tested one. The concerned person was
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