Last Will may prevail over earlier Will:-

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  Last Will may prevail over earlier Will:- In case of dispute between earlier and subsequent parts of a Will,the subsequent part of the Will will prevails ( Kaivelikkal Ambunhi & ors vs H.Ganesh Bhandary,(1995) 5 SCC-444 & Uma Devi Nambiar & ors vs TC Sidhan,( 2004) 2 SCC-321. In case of “ Jasbir Singh vs Jaspal Singh & ors ”,2016 SCC Online P & H-3416,it   was held that the last will would prevail and the previous Will automatically deemed to have been cancelled, even in the absence of any specific clause.
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Failure to establish origin of blood in Criminal Trial:-

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             Failure to establish origin of blood in Criminal Trial:-

        Blood is considered to be a very important forensic tool. Analysis of different aspects of bloodstains can contribute to clarify the circumstances under which some violent crimes have been committed. Such crucial information can point criminal investigation in the right direction and help solve the crime. In some cases it can also help with legal determination of criminal offense which can lead to more accurate and more appropriate punishment for the perpetrator.




 Failure to establish origin of blood as being of human origin and / or its blood group.In this regard, in "Balwan Singh vs State of Chattisgarh & ors" reported in (2019) 7 SCC-781,the Hon'ble Apex Court of India has held that the same has to be ascertained in the facts of circumstances of each case, and there is no fixed formula for the same

In Sattatiya v. State of Maharashtra, (2008) 3 SCC 210, one of the crucial factors that had led this Court to reverse the conviction was that the bloodstains on the items seized in the recovery could not be linked with the blood of the deceased. This factor was treated as a serious lacuna in the case of the prosecution.



Similarly, in Shantabai and Ors. v. State of Maharashtra, (2008) 16 SCC 354, the bloodstains on some of the clothes seized from the accused in recovery belonged to a different blood group from that of the blood group of bloodstains found on the clothes of the deceased and on the sample of soil, axe, stones etc. which were taken from the spot by the investigating officer. As a result of this mismatch, it was held that this circumstance was not proved against the accused.

It is also important to note the following observations made by a Constitution Bench of the Supreme Court of India in Raghav Prapanna Tripathi & Ors. v. State of U.P., AIR (1963) SC 74:

“21. In this connection, reference may also be made to circumstances 9 and 10, relating to the recovery of the bloodstained earth from the house.

The bloodstained earth has not been proved to be stained with human blood. Again, we are of opinion that it would be far­ fetched to conclude from the mere presence of bloodstained earth that earth was stained with human blood and that the human blood was of Kamla and Madhusudhan. These circumstances have, therefore, no evidentiary value.” (Emphasis supplied) Therefore, the five ­judge bench had ruled that in that case the prosecution needed to prove that the bloodstains found on the earth or the weapons were of a human origin and were of the same blood group as that of the deceased.





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