27
20.
In these appeals Mr. B. H. Marlapalle, learned Senior Advocate
appeared as Amicus Curiae on behalf of the accused.
His principal
submissions were:a)
In the face of glaring inconsistencies in the version given by
PW5 Ujjawal and in the face of record as it stood, it would be
extremely hazardous to accept the testimony of PW5 Ujjwal and
make it the basis of conviction of accused Hari Om.
b)
There was no link evidence suggesting that the fingerprints
were correctly lifted from the house of the deceased, and were duly
preserved before sending them for fingerprints expert’s opinion.
c)
The only material against accused Sanjay @ Sonu and
Saurabh @ Sanju was the fact that their sample fingerprints tallied
with those lifted from the house of the deceased. In the absence of
any substantive evidence, this fact alone would be insufficient to
sustain their conviction and sentence. Reliance was placed on the
decision of this Court in Musheer Khan alias Badshah Khan and
another vs. State of Madhya Pradesh.6
d)
Out of six named accused charged of having committed the
offence of dacoity, three accused having being acquitted, whose
acquittal
6
(2010) 2 SCC 748
was not challenged, the remaining three accused
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