JAWAHAR SINGH Vs. STATE

JUDGEMENT

(1.) By the impugned judgment dated March 22, 2014 Ravi Sharma, has been acquitted for the offence punishable under Section 302 IPC and Sections 25/27 Arms Act which is challenged by both State after having sought leave to appeal and Jawahar Singh, the father of the deceased Rajesh. The reasons for acquittal by the learned Trial Court are that the last seen evidence cannot be relied upon as the said theory has been introduced only on the basis of suspicion and that the recovery of the firearm was in the absence of an independent witness and it would not have been a prudent human conduct of Ravi Sharma to have kept and concealed the firearm in his house.

(2.) Process of law was set into motion on receipt of DD No.46A Ex.PW- 4/A recorded at PS Karawal Nagar on May 30, 2011 at 6.40 AM informing that a dead body was lying in E-Block, Gali No.1, Aman Vihar, Karawal Nagar, Delhi. SI Chetan Singh, PW-8 along with other staff reached the spot and found dead body of a male aged around 22 years lying on an open plot bearing No.C-15, with a blue colour baniyan and light brown colour half pants/Capri. There was a hole mark on the left parietal region from where blood had oozed out and was lying on the ground. On the search of the body four live cartridges of 8 mm were found in the pocket, which were seized. A piece of wood was also lying near the body which appeared to be broken piece of a butt of firearm. On the basis of the information recorded vide DD No.46A an endorsement was made noting these facts on the rukka. While the proceedings were on and before the rukka could be sent, one person named Ashok s/o Jawahar Singh, R/o A-195, Gali No.5, Prem Vihar, Karawal Nagar, Delhi reached the spot and identified the dead body to be of his brother Rajesh. Crime team and photographer were called and the scene was got inspected and photographed. During further investigation statements of Jawahar Singh, PW-1 father of the deceased Rajesh and Ashok, PW-2 brother of the deceased were recorded. Jawahar Singh stated to the police that on the previous night i.e. May 29, 2011 he had seen Ravi Sharma with his son Rajesh at around 11.30 PM. Ravi Sharma had taken Rajesh along with him. Thereafter, Rajesh did not come back home and in the morning they were searching Rajesh when they got an information regarding a dead body being found.

(3.) Ashok stated that Rajesh had borrowed a sum of Rs. 15,000/- from Ravi Sharma sometime before the incident and an altercation had taken place between Ravi Sharma and Rajesh on two occasions when Ravi Sharma demanded his money from the deceased and threatened him of dire consequences. Ashok also stated that on May 30, 2011 in the morning at about 7.30 AM Ravi Sharma had come to him and asked about Rajesh when he said that Rajesh had not come home at night. Thereafter he along with Ravi Sharma went searching for Rajesh when Ravi Sharma stated that one dead body has been found in Amar Vihar and they should go and see there. When they reached the spot, they found lot of people and he identified the dead body to be that of his brother Rajesh. Ashok informed his parents and in the meantime, Ravi Sharma escaped from the said place. He expressed his suspicion on Ravi Sharma. Efforts were made to trace Ravi Sharma and on May 31, 2011 Ravi Sharma was apprehended in the presence of Ashok at around 3.00/3.30 PM pursuant to a secret information. His disclosure statement was recorded and he led the police to his house where he had concealed the firearm. The police party led by Inspector Vijay Shrotriya, PW-14 and Ashok reached house No.C-96, Gali No.8, Prem Vihar, Karawal Nagar, Delhi where Ravi Sharma took out a double barrel country made pistol from behind the iron box from the slab (taand) in his room. The pistol contained one live cartridge and one fired cartridge of 8mm each in the right and left side barrels respectively. On examination it was found that a part of the butt of the double barrelled pistol was broken.