1 appa133210 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1332 OF 2010 IN CRIMINAL APPEAL NO. 625 OF 2008 Shiva @ Jitbahadur Prabhu Harijan ...Applicant VERSUS The State of Maharashtra ...Respondent Mrs. Indrayani Koparkar (appointed) for the Applicant Ms. M.H. Mhatre, A.P.P., for the State. CORAM: A.M. KHANWILKAR AND A.R. JOSHI, JJ. DATE: 7TH JANUARY, 2011 P.C.:- This application is filed by the applicant / accused No.1 through jail. 2. The counsel for the applicant submits that the recovery of weapon from the applicant is of no consequence, as the C.A Report does not disclose that the blood-stains found on the weapon were that of the deceased or otherwise. In our opinion, even if that evidence were to 2 appa133210 be overlooked, the learned A.P.P. is right in pointing out that the applicant / accused No.1 gave voluntary statement, whereafter gold chain was recovered from his residence on 22nd October, 2005 at Mahim. Thereafter, other gold articles belonging to the deceased were recovered from the house of the applicant at Village Dehra Diker, District Gorakhpur (U.P.), at the instance of the applicant / accused No.1 on 25th November, 2005. No explanation is forthcoming as to how these articles which belonged to the deceased were in possession of the applicant. The defence of the applicant is that of total denial. That is not enough. The prosecution witnesses have identified the articles as belonging to the deceased. 3. Taking over all view of the matter, in our opinion, this is not a case, which merits any indulgence. In the circumstances, application is rejected. 4. However, the appeal shall proceed for hearing as per its turn under caption "Convicts in Jail" as and when it becomes ready for hearing in all respects. A.R. JOSHI, J. A.M. KHANWILKAR, J.