Dear friends,
Two accused were convicted and awarded death sentence under s. 364-A, IPC by the sessions .The High Court has reduced the sentence to life imprisonment and now the case is to be argued before the supreme court. The prosecution is based on circumstantial evidence - (a) one major and one child (10 years age) PWs have deposed that deceased was last seen with the accused (b) dead body and weapons were recovered on the joint confessional information of both the accused. Recovery memo has not been signed by the accused. This is the whole prosecution evidence apart from medical and other formal evidences.
Kindly suggest the possible defense arguments and refer case law inter alia on following points-
1. whether joint statement made by two accused is admissible u/s 27 of the Evidence Act ?
2. whether absence of signature of accused on recovery memo of body and weapons allegedly recovered on their identification is helpful to defense ?
