#recovery of weapon

Kerala High Court sets aside a murder conviction, ruling that recovery statements under Section 27 of the Evidence Act must strictly reproduce the accused's own words. Any deviation or interpretation by the translator vitiates the evidence, reinforcing fair trial standards in criminal proceedings.

The Gujarat High Court affirmed that testimony from relatives of the accused carries no automatic presumption of unreliability in murder cases, and that recovery of a weapon under Section 27 of the Evidence Act is valid for establishing discovery - even when the accused’s confession of use is excluded as inadmissible. This clarifies evidentiary standards for prosecutors and defense counsel in cases relying on circumstantial evidence and kin testimony.