Sole Circumstance Of Recovery Of Bloodstained Weapon Cannot Form The Basis Of Conviction: SC Acquits Murder Accused

The Supreme Court observed that sole circumstance of recovery of bloodstained weapon cannot form the basis of conviction unless the same was connected with the murder of the deceased by the accused.

In that context, the Bench of Justice BR Gavai and Justice Sandeep Mehta observed that, "Even presuming that the FSL reports(Exhibits 111-115) conclude that the blood group found on the weapons recovered at the instance of the accused matched with the blood group of the deceased, this circumstance in isolation, cannot be considered sufficient so as to link the accused with the crime. In this regard, reliance can be placed on the judgment of Mustkeem alias Sirajudeen v. State of Rajasthan , wherein this Court held that sole circumstance of recovery of bloodstained weapon cannot form the basis of conviction unless the same was connected with the murder of the deceased by the accused.."

The criminal appeals were filed by Allarakha Habib Memon, Amin @ Lalo Aarifbhai Memon, and Mohmedfaruk @ Palak Safibhai Memon, challenging the judgment dated February 18, 2019, from the Gujarat High Court. This judgment had dismissed their appeals against a trial court's decision from October 13, 2014. The trial court had convicted them under Section 302 read with Section 120B of the Indian Penal Code (IPC) for murder and sentenced them to life imprisonment with a fine, while acquitting them of charges under Section 323 IPC.

The case began with a dispute over water supply between the accused and the victim, Mohammad Sohail. On May 3, 2011, an argument occurred between Mohmedfaruk @ Palak and Sohail, which led to a grudge. The next day, Mohmedfaruk @ Palak, along with his co-accused, planned and executed an attack on Sohail using sharp weapons. Sohail was severely injured and died at the hospital. Mohammad Arif Memon, Sohail's cousin, reported the incident, leading to an FIR and an investigation.

The police, led by Inspector Dhananjaysinh Surendrasinh Waghela, collected evidence, including a site plan, and arrested the accused after a few days. The recovered weapons and other evidence were sent for forensic analysis. The case was tried in the Additional Sessions Court, where the accused were found guilty and sentenced. Their appeal to the Gujarat High Court was rejected, prompting the current batch of appeals.

Allowing the appeals, the Court observed that, "Upon an overall appreciation of the evidence available on record, we are of the considered opinion that the prosecution has failed to lead convincing evidence establishing the guilt of the accused appellants beyond all manner of doubt so as to hold the accused appellants responsible for the crime. Hence, the conviction of the accused appellants as recorded by the trial Court and the sentences awarded to them vide judgment and order dated 13th October, 2014 and so also the judgment dated 18th February, 2019 rendered by learned Division Bench of the High Court of Gujarat rejecting the appeals preferred by the accused appellants do not stand to scrutiny".

Cause Title: Allarakha Habib Memon Etc. vs State of Gujarat (Neutral Citation: 2024 INSC 590)

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