LexKANBI KARSAN JADAV versus STATE OF GUJARAT
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
19112
n. r ...... i.x
Ofiur, JIHros
. '·
S. Ir. Huihll.V.,
Jlw.,
SWJ.
19112
726 SUPREME COU!t'f REPOI~T~ [ l ·• 2j SU Pf.
reaseessment of tho firm disclosing an error made
before April I, 19.5~.
The appeals therefore fail and a.re dismissed
with costs. One hearing fee.
Appeals dismissed.
KANBI KARSAN JADAV
v.
STATE OF GUJARAT
(J. L. KAPUR and R.to.GIIUBAR DAYAL, ,JJ.)
Criminal Trial-Et-idenct of anrot'-r-Corroioration on
mat.rial partiou/ara-Other circum•tanct• to be con•Utrtd-
CMniical !Czaminer'• evidenct, if can bt taken into Conoi<kration
tn duidt idtntily of haira-lndian Penal Code, 1860 (45 of
1860), 302, 201-IAdia EWknct Act, 1872 (1of1872), a. 45.
The appellant and two othcn were convicted for murder
undtr "· 302 and 201 of the Indian Penal Code.
The High
Court acc,pted the testimony of the appro'''r as being a
reliable piece of evidence. It relieJ upon the <liscovery of
the dtad body of the deceased at the instance uf t lte appellant
and of hlord sralned buttons also at his instance and attached
importanc(':.to tile scarf recovered from the pit \\·here the dead
body was alkgcJ to have been first buried and "hid1 had
hair> both of the appellant as well as the deceased.
The apprll.mt contended
that the evidence of the
approver, even 1h.Jugh it had been accepted as true, was not
corrohorated in 1naterial particulan connecting the appellant
with the ofJCncc.
None of the recoveries arc corroborative
of the statement of the approver to the extent of connecting
the appcllanl with the offence committed ; on the other hand
they are somewhat contradictory of the statement.
~fhc
evidence of the CheJnical Examiner was not sufficient to prove
that hairs on the scraf were of the appellant or of the deceased
because the Chemical Examiner was no expert on this matter
and his evidence WM not admissible under s. 45 of the
Evidence ,\ct and, at the most, according to the Chemical
Examiner the hairs resembled those of the appellant.
Held, that where the evidence of the approver is held
not to be very helpful to the prosecution other circumstance>
2 S.C.H ..
SUPREME COURT REPORTS
727
besides the evidence of tbe approver has to be considered.
The mere fact that the dead body was pointed out by the
appellant or was discovered as a result of a statement made by
him would not necessarily lead to the conclusion of the offence
of m"Jrder.
In the present case beside the evidence of the approver,
the appellant's pointing out of the dead body, his pointing out
the silver buttons of the deceased which were stained with
human blood and the presence of his hairs on a pania (scraf)
on which there were the hairs of the deceased also, are
important facts which are sufficient evidence to connect the
a.ppellant with the commission of the offence.
Held, further, that writers of medical jurisprudence have
stated that from microscopic cxa1nination of the hairs it is
possible to say whether they are of· the same or of different
colours or sizes and from the examination it lnay help in
deciding where the hairs come from.
Vemireddy Satyanarayan Reddy v. State of Hyderabad,
[1956] S.C.R. 247 and Wasim Khan v. State of Uttar Pradesh,
[I ~56] S.C.R. 19 l, relied on.
CRIMINAL APPELLATE JURISDICTION: Criminal
Appeal No. 223 of 1959.
Appeal by special leave from the judgment
and ordered dated April 14, 1959, of the former
Bombay High Court (Rajkot Bench) at Rajkot in
Criminal Appeal No. 84 of 1958.
N·ur-ud-din Ahmed and K. L. Hatki for appel·
lant.
H. R. Khanna and R.H. Dkebar, for respondent.
1962. January 24. The Judgment of the
Court was delivered by
KAPUR, J.-The appellant and two others
were convicted by the Additional Sessions Judge,
Gohihvad, under ss. 302 and 21)1 of the Indian
Penal Codu for the murdPr of Kanji aud they were
sentenced to imprisonment for life under the former
section and to seven years' rigorous imprisonment
under the latter. The sentenc" were eoncur-r«nt.
On appeal the High Court set aside the conviction
1962
Konbi liarsan
Jadao
v.
litale of Gujar•I
Kap"' J.
'962
KwiKu-
Jq ..
v.
SW. of GujOT•I
K-J.
728 SUPREME COCltT REPORTS [1962] SUPP.
of Nanji Ravji but upheld the convictions and l!t'n·
tenccs of the appollant and Karamshi Bhawan. The
appellant has come in appeal to this Court by
Special leave.
The deceased Kanji was rather an unsavoury
character in villag<i Chirodo. and it is alleged that
he had a illicit connection wiExcerpt shown. Read the full judgment & AI analysis in Lexace.