STATE OF J&K Vs. GURMEET SINGH

JUDGEMENT

(1.) State is in appeal against judgment of learned 2nd Additional Sessions Judge, Jammu dated 14.09.2002, whereby in Session case No. 57 respondent, Gurmeet Singh (hereinafter to be referred as the accused) has been acquitted after his trial for commission of offence under sections 302 RPC and 30 Arms Act.

(2.) Heard. We have perused the record.

(3.) Prosecution case as it was set up before the trial court, briefly, is that on 23.10.2000 at about 2045 hrs. (8.45 p.m) Jamal Ahmad Khan, Head Constable No. 630110183 of 21 Bn. CRPF (hereinafter to be referred as the deceased) was shot at in his tent in CRPF Camp at Sector No. 6, Channi Himat, Jammu (J&K). He was evacuated to Government Medical College Hospital, Jammu where he was declared as brought dead. PW-1, Raghuvansh Kumar, Assistant Commandant of the Battalion lodged written information about the incident at Police Station, Channi Himat, Jammu at 2200 hrs. (10.00 p.m.), which was entered as Report No. 29 in the daily diary of the Police Station. PW-1 while reporting the incident also stated in the written information lodged by him that though it was not known as to who shot at the deceased but Constable No. 913242435 (DVR.), Gurmeet Singh of the unit staying in the same tent has absconded from the camp and that four spent cartridges were found under the cot, on which the deceased was lying with bullet injuries. On this information, offences under sections 302 RPC and 3/25 Arms Act were registered as FIR No.354/2000 at Police Station, Trikuta Nagar (Bahu Fort) and investigation was entrusted to Shokat Mir, Sub Inspector, Additional SHO of the Police Station, Channi Himmat (PW-16).