Apex Law Journal
Apex Law Journal
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Neha Goel, Advocate

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S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Identification of the weapons used by the accused

Thursday, August 09, 2012
Identification of the weapons used by the accused

Identification of the weapons used by the accused — Weapons, in the present case, were recovered at the instance of the accused persons — When the eyewitnesses PW5 and PW6 were shown the weapons recovered, they explicitly stated that these were not the weapons used for by the accused — Held, it would be more reliable to rely on the evidence of the Panch witness (PW10) and the PSI (PW20) than on the eyewitnesses for the purpose of identifying the weapons, especially when the weapons were recovered at the instance of the accused persons — Moreover, in the commotion of the incident, it is possible that the eyewitnesses might not have clearly seen the weapons.

 
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