Non receipt of evidence regarding the use of weapon in the commission of the offence is of no consequences at all when the circumstances in the case established beyond doubt that it was the accused who caused the death of the victim, despite no recovery of weapon, says the High Court of Kerala in Satheesh Babu v State of Kerala [2023:KER:78326].
The high court adds that the recovery of the weapon used in the commission of the offence is not a sine qua non to convict the accused,
The court relied on the judgement in Rakesh v State of Uttar Pradesh [ AIR 2021 SC 3233].
References
- Satheesh Babu v State of Kerala [2023: KER:78326]
- Rakesh v State of Uttar Pradesh [ AIR 2021 SC 3233]
