Supreme Court of India
Shankar Jaiswara v. State of West Bengal
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What the Court ordered
Before parting with the case, we must record our appreciation of the assistance rendered by Shri Vijay Panjwani, advocate to the court as learned E Amicus Curiae and we direct the payment of Rs. 1,500/- as fee to him.
Judgment, page 14
From the headnote
Penal Code, 1860; Ss. 86 and 302: Murder-Accused attacked deceased with a sharp edged weapons causing his death- .I.R.-Charge sheet-Trial Court found accused guilty of committing offence 1t!s 302 !PC, convicted and sentenced him accordingly Affirmed by High Court-On appeal, Held, no doubt recovery of weapon seized itself would not be enough and sufficient to convict an accused with .. the crime unless it is established that the weapon has been used by him for commission of the offence-But the weapon in the instant case was recovered at the instance of the accused-Besides, ocular evidence of
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