Evidence Act, 1872—Section 27—Recovery of weapon
of offence—Rod was recovered after a period of ten years of the incident—PW 5
in his examination-in-chief had stated that the accused had attacked him with a
similar rod that was being shown to him—Held, the witness could not
conclusively connect the rod which was used for committing the crime—Further,
the rod was recovered after a period of ten years of the incident and it is
highly doubtful, whether it was used for the commission of the
offence—Prosecution has failed to prove that the rod recovered at the instance
of A2 has any nexus with the crime alleged to have been committed by A-2—Appeal
allowed—Conviction and sentence awarded to A-2 is set aside.
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