JAI SINGH Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against order dated 26-8-77 by Sri Suresh Chandra, learned Session Judge, Aligarh, in S. T. 136 of 77 by which appellant was convicted sunder section 25 Armt Act and was sentenced to one year's R. I.

(2.) IT appears that appellant was charged for the murder of his wife Smt.Munni Devi on 26-7-76 at about 9 P. M. also; the second charge related to the recovery of country made pistol from his possession on 28-7-76 from the haycock of Badam Singh at about 2.30 P. M. in the area of village Lukhtia hamlet of Satloni P. S. Iglas district Aligarh. The charge under section 302 IPC, failed but conviction was recorded by learned trial Judge basing himself on the solitary testimony of investigator Sri Vishwanath Singh PW 8.

(3.) THE appeal is allowed on account of following reasons : 1. When both the public witnesses refused to support the prosecution version about recovery of pistol and cartridge from the possession of appellant no conviction was sustainable on the solitary testimony of investigator as was held in Dasrath v. State, 1971 Allahabad Criminal Reports 334. 2. Testimony of investigator was to be taken with a grain of salt. He was interested in the fruition of his efforts. Under these circumstances when he himself was a material about this recovery he should not have conducted investigation himself. In order to inspire confidence the investigation must have been entrusted to some other officer. That has not been (Bone in this case. 3. Possession implies exclusive control. It was not mentioned in recovery memo that appellant in his statement alleged to have placed Exhs. 1 and 2 in the haycock of Badam Singh. It is possible (that he might have gained knowledge of these weapons through any other source as the place was accessable to all and sundry. Recovery of pistol and cartridges from the haycock of Badam Singh even if accepted in toto cannot fix the liability on appellant who cannot be considered as in possession of this haycock which belonged to Badam Singh and the arms were not secreted there by appellants.