Paragraph numbers below are the court’s original numbering, recovered from the source text.
15. In the same manner, though panchas of several other panchnamas in respect of recovery of handkerchief, seat of motor cycle and other articles with blood stains have turned A hostile and not supported the prosecution case, those panchnamas were exhibited during the examination of investigating officer and for a limited purpose, therefore, they can be relied upon.
16. Yet another piece of evidence is FSL report (Exh.250), forwarding letters of muddamal weapons, clothes, etc. which are at Exhs. 244, 245, 246, 247, 248, 249 and 250 respectively. The perusal of the FSL report clearly shows that the muddamal articles were found to be stained with blood of c 'O' group which is the same as blood group of the deceased Prakashbhai Raveshia. This is also one of the important circumstances which connect the accused with the crime. All these materials and the evidence of panchas, as discussed, and circumstances, unmistakenly lead to the conclusion that A 1 0 to A4 are the culprits and the complicity for commission of murder of the deceased is proved. These aspects have been fully discussed by the trial Court and rightly affirmed by the High Court. We also agree with these aspects in toto.
17. In Mehbub Samsuddin Malek and Others vs. State E of Gujarat, (1996) 1 O sec 480, this Court held that recovery of gupti at the instance of the accused from a dilapidated building concealed below a heap of earth which found stained with human blood group of 'B'. Clothes of the deceased also stained with the same blood group, to lead evidence regarding F discovery of blood cannot be disbelieved merely because the house is in a dilapidated condition and it cannot be said that the gupti was found from an open place accessible to all.
18. The recovery of respective weapons of offence at the G instance of the appellants in the instant case speaks volume. The evidence in the present case convincingly establishes that the respective places from where the recoveries were effected were exclusively within the knowledge of the appellants and the same could not have been effected by the investigating agency H in the absence of the disclosure statements made by the appellants. RAMESHBHAI MOHANBHAI KOLi & ORS. v. STATE OF GUJARAT [P. SATHASIVAM, J.]
19. Another factor which strengthens the case of the prosecution against the appellants is the serological report which opines that the knives recovered at the instance of A 1, A2, & A4 contained blood of group 'O' which is that of the deceased. This circumstance is highly incriminating and conclusively establishes the case against the appellants. All the recovery panchnamas in the instant case were fully supported by the panch witnesses i.e. PW-14, PW-15, PW-18 and PW- 26.
20. The recovery of the blood-stained seat of the motorcycle used by the accused to flee from the scene of C offence which as per the FSL report contained blood of group 'O' is another vital circumstance against the appellants herein.
21. The appellants herein have denied the factum of recoveries at their instance is a false plea inasmuch as the recoveries have been duly proved by the prosecution by leading cogent and reliable evidence which has not been shaken by the defence. A false plea taken by an accused in a case of circumstantial evidence is an additional link in the chain of circumstances. [Vide Sharad Birdhichand Sarda vs. State of E Maharashtra, (1984) 4 SCC 116 and Mehbub Samsuddin Malek & Ors. vs. State of Gujarat (1996) 10 SCC 480].
22. We have already observed that the prosecution has established that FSL report has clearly certified that the b1ood found on the knife was of human origin. This question fell for consideration in State of Rajasthan vs. Teja Ram & Ors., (1999) 3 SCC 507 and this Court held that it would be an incriminating circumstance if the blood on the weapon was found to be of human origin. The same view has been reiterated in Mo/ai and Another vs. State of M.P., (1999) 9 sec 581. Evidence of Investigating Officer
23. An argument was advanced about reliance based on A the evidence of investigating officer. This Court in State of UP. vs. Krishna Gopa/ and Another, (1988) 4 SCC 302 has held that courts of law have to judge the evidence before them by applying the well recognized test of basic human probabilities. Prima. facie, public servants must be presumed to act honestly B and conscientiously and their evidence has to be assessed on its intrinsic worth and cannot be discarded merely on the ground that being public servants they are interested in the success of their case. [vide State of Kera/a vs. M. M. Mathew & Anr., (1978) 4 sec 65)1 c
24. In Modan Singh vs. State of Rajasthan, (1978) 4 SCC 435, it was observed that where the evidence of the investigating officer who recovered the material objects is convincing, the evidence as to recovery need not be rejected on the ground that seizure witnesses did not support the D prosecution version. Similar view was expressed in Mohd. As/am vs. State of Maharashtra, (2001) 9 SCC 362. In Anter Singh vs. State of Rajasthan, (2004) 10 SCC 657, it was further held that even if panch witnesses turn hostile, which happens very often in criminal cases, the evidence of the E person who effected the recovery would not stand vitiated.
25. This Court has held in large number of cases that merely because the panch-witnesses have turned hostile is no ground to reject the evidence if the same is based on the F testimony of the Investigating Officer alone. In the instant case, it is not the case of defence that the testimony of Investigating Officer suffer from any infirmity or doubt. [Vide Modan Singh's case (supra) Krishna Gopal's case (supra) and Anter Singh's case (supra)].
26. In view of the above principles and in the light of the discussion about the recovery as stated and concluded earlier, those materials produced by the prosecution are relevant, acceptable and rightly connected these circumstances with the appellants. RAMESHBHAI MOHANBHAI KOLi & ORS. v. STATE OF GUJARAT [P. SATHASIVAM, J.]
27. Finally, appellants relied on the acquittal of co-accused Nos. 5 to 7. The acquittal of accused Nos. 5 to 7 does not in any manner wash away the case against the appellants which has been convincingly established on the basis of circumstances. It is relevant to note that the recovery of blood stained loan form application bearing name and address of appellant Rameshbhai Mohanbhai Koli (A 1) from the scene of offence and the serological report which opines the blood to be of group 'O' which is the blood group of the deceased conclusively establishes the presence of A-1 at the scene of offence. Even though the panch-witness PW-35, Vijaybhai has turned hostile to the prosecution but the spot panchnama has been cogently and convincingly proved through the testimony of the Investigating Officer PW-160.
28. In the light of the above discussion, we are unable to accept the case of the appellants, on the other hand, we are satisfied that the prosecution has established its case insofar as the appellants and rightly convicted and sentenced by the trial Court and affirmed by the High Court. The appeals are devoid of any merits, consequently, they are dismissed. K.K.T. Appeals dismissed.