Seizure of weapon used in crime not necessary to prove charge: Supreme Court.
Upholding the conviction of a convict in a murder case, the SC on Tuesday said that the seizure of the weapon used in the crime was not a necessary condition for convicting the accused. does not match.
Therefore, the alleged use of guns is suspicious, and therefore the accused should be given the benefit of the doubt.
A bench of Justices DY Chandrachud and MR Shah said it can be held that the gun recovered from the accused by the police was not used for murder.
Hence the recovery of the actual weapon used for the murder can be ignored.
The bench said the recovery of the weapon used in the offense is not a mandatory condition for convicting the accused.
The apex court’s order came in a case involving the allegation of killing Bhishmapal Singh in an incident that took place on January 28, 2006.
The accused were convicted under section 302 of the IPC. According to the prosecution, Rakesh used a country-made pistol.
Hearing on Gandhi family’s petition adjourned.
The hearing on Tuesday was deferred Tuesday on the plea of Congress interim president Sonia Gandhi, former president Rahul Gandhi and general secretary Priyanka Gandhi Vadra against shifting the income tax assessment to the Central Circle.
A bench of Justice Rajiv Shakdher and Justice Talwant Singh then adjourned the hearing to July 20. The bench was informed that Solicitor General Tushar Mehta was not available for the hearing.
Based on the allegation of dealings with arms dealer Sanjay Bhandari, the Chief Commissioner of Income Tax ordered the transfer of Income Tax assessment for the year 2018-19 involving the Gandhi family to the central circle.
This order has been challenged in the Delhi High Court.
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