(26)
S.C.No.463/2009 (Judgment)
test reports categorically prove the involvement of accused Jawed in the alleged
crime and hence lastly he has prayed to convict all the accused persons for the
charges levelled against them.
56/
I have considered those arguments and I have perused the aforesaid
ratios laid down by Hon'ble Supreme Court and Hon'ble Bombay High Court in the
cases relied on by Advocates of accused and by learned APP. Certainly as observed
in aforesaid cases relied on by APP Shri Mugadiya, the Police witness i.e.
Investigating Officer can be a reliable witness if the Court finds him to be truthful
person. Similarly it is also ample clear that if on the clothes of the accused, blood
stains of the deceased are found and if he offers no explanation about the same, then
that becomes incriminating circumstance against accused. Hence in the light of said
ratios, the evidence adduced by the prosecution needs to be scrutinized.
57/
In the light of said arguments and cited rulings by both the parties,
following points arise for my determination. Those points and answers to them are
as follows for the reasons stated thereunder.
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