under s. 45 of the Evidence Act and, at the most, according to the Chemical Examiner the hairs resembled those of the appellant. ^ Held, that where the evidence of the approver is held not to be very helpful to the prosecution other circumstances 727 besides the evidence of the approver has to be considered. The mere fact that the dead body was pointed out by the appellant or was discovered as a result of a statement made by him would not necessarily lead to the conclusion of the offence of murder. In the present case beside the evidence of the approver, the appellant's pointing out of the dead body, his pointing out the silver buttons of the deceased which were stained with human blood and the presence of his hairs on a pania (scraf) on which there were the hairs of the deceased also, are important facts which are sufficient evidence to connect the appellant with the commission of the offence. Held, further, that writers of medical jurisprudence have stated that from microscopic examination of the hairs it is possible to say whether they are of the same or of different colours or sizes and from the examination it may help in deciding where the hairs come from. 2015 S.C.(1962)MSKLAWREPORTS
under s. 45 of the Evidence Act and, at the most,
according to the Chemical Examiner the hairs resembled those of the appellant.
^ Held, that where the evidence of the approver is
held not to be very helpful to the prosecution other circumstances 727 besides
the evidence of the approver has to be considered. The mere fact that the dead
body was pointed out by the appellant or was discovered as a result of a
statement made by him would not necessarily lead to the conclusion of the
offence of murder.
In the present case beside the evidence of the
approver, the appellant's pointing out of the dead body, his pointing out the
silver buttons of the deceased which were stained with human blood and the
presence of his hairs on a pania (scraf) on which there were the hairs of the
deceased also, are important facts which are sufficient evidence to connect the
appellant with the commission of the offence.
Held, further, that writers of medical
jurisprudence have stated that from microscopic examination of the hairs it is
possible to say whether they are of the same or of different colours or sizes
and from the examination it may help in deciding where the hairs come from.
2015 S.C.(1962)MSKLAWREPORTS