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B. Vishwanath S/O Shankappa … vs The State Rep. By The Sub Inspector … on 1 July, 2006

Karnataka High Court
B. Vishwanath S/O Shankappa … vs The State Rep. By The Sub Inspector … on 1 July, 2006
Equivalent citations: 2007 CriLJ 1994
Author: K S Rao
Bench: K S Rao


JUDGMENT

K. Sreedhar Rao, J.

1. The case of the prosecution that on 27.9.2000 at 8.30 p.m. the accused trespassed into the house, assaulted his sister-in-law-PW 1 with sickle and also assaulted his mother-P.W.2 with sickle.

2. The wound certificate of P.W.I discloses that an incised wound on the light hand, leniar abrasion on the back of trunk over the region of left scapula and leniar abrasion on the right scapula region.

3. The wound certificate of P.W. 2 discloses incised wound on the occipital region of scalp and tenderness at the left clavicle resulting in fracture of left clavicle and first metatarsal bone.

4. P.W. 1 and 2 testified to the overt acts of the accused in causing injuries on them. P.W.3 is an eye witness and sister of P.W.I. She supports the prosecution version. The wound certificate and evidence of the doctor also corroborate the version of P.Ws 1 and 2.

5. In some of the crimes, the blood stains on incriminating articles serve as corroborative piece of evidence to prove the guilt of the accused by establishing that the blood group of the stains tally with that of blood group of the victim or the accused as the case may be. In such cases, it is necessary that I.O. should send blood stained articles and also the blood sample of the person with whom the blood stains on the articles is to be connected. In my career as a Judge in innumerable cases, I have come across that the investigation done in this regard is wholly incomplete. The blood samples of the victim or the accused as the case may be is not sent along with blood stained articles, to prove the connectivity. I have also found that in (he post mortem report, there is no mention of blood group of the deceased. This type of lop sided investigation virtually renders a valuable scientific corroborative evidence incomplete and ineffective. I have also found that for determination of the blood group of the stains, the articles are sent to FSL at Bangalore for determination of the blood group. The District Hospital Laboratory is quite competent to give medical opinion regarding the blood group. The reference of the articles to FSL, Bangalore does result in delay in placing complete evidence before the Court In most of the cases, at the lime of evidence, the FSL reports are produced by the prosecution. In order to avoid delay, it is expedient that I.O should refer the blood stained articles and blood samples of the victim/accused as the case may be to the Medical College hospitals in the District or in the neighbouring District which have Forensic Science Laboratory to give report regarding the blood group.

The Home Secretary and Director General of Police should issue necessary instructions to the Superintendent of Police of the Districts and S.H.Os of the police stations for strict compliance of the above observations regarding blood stained articles. It is further directed that the Police Manual be suitably amended to incorporate the suggested procedure for mandatory compliance in the protocol of investigation.

ORDER ON FOR BEING SPOKEN TO

For the reasons and discussions made above, the order of conviction and sentence is confirmed & appeal is dismissed.

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