According to the prosecution, the appellant confessed before PW-2, PW-3 and one Ratabhai that he had assaulted the deceased with a stick. The prosecution has relied upon (a) extra judicial confession of the accused allegedly made before PW-2 and PW-3; (b) recovery of axe at the instance of the appellant-accused coupled with evidence of PW-5-Chanchalben who claimed that the same axe was taken away by the appellant from her house; and (c) blood stains found on the clothes on the person of the appellant. According to the version of PW-2 and PW-3, the appellant went after the deceased with a stick in his hand and while returning, he was carrying the same stick.
However, we find from the Serology Report on record that the clothes on the person of the deceased were having blood stains of ‘O’ group. This militates against the case of the prosecution that the blood stains on the clothes of the appellant were of the blood of the deceased. The bail bonds of the appellant shall stand cancelled.
Case Title: PRABHATBHAI AATABHAI DABHI Vs. THE STATE OF GUJARAT
Case Number: Crl.A. No.-001926-001926 / 2011
