STATE OF J&K Vs. MOHINDER SINGH

JUDGEMENT

(1.) State is in appeal against the order of acquittal dated 28.02.2015 passed by the Learned Sessions Judge Bhaderwah by virtue of which the accused-respondent has been acquitted of the offence u/s 302, Ranbir Penal Code and Sec. 7/27,1.A. Act in FIR No. 64/2003, PS Gandoh. The State has also filed an application seeking leave to appeal besides application seeking condonation of delay of 143 days. However, as per Registry, delay is only of 99 days.

(2.) On noticing that the appeal had not been signed and also did not bear date, besides, defects pointed out had not been removed, the matter was adjourned vide order dated Oct. 28, 2015, to be listed after removal of defects. Despite the aforementioned order, defects were not removed by the next date i.e. Nov. 27, 2015 whereupon one weeks time was granted for removal of the defects and listing of the matter thereafter. However, even by the next date, the defects were still not removed and when the matter came up for hearing on Dec., 22, 2015, Ld. State Counsel prayed for the matter to be heard as the defects were not ones which impacted on the merits of the case as the appeal was signed by the Station House Officer, Gandoh besides the objection of page marking not having been properly done as also of page No. 13 of the paper book not being legible, were superficial. In the light of submissions made and finding that with effort material on page No. 13 was readable, we with the assistance of learned Dy. A.G., have gone over the judgment passed by the learned Sessions Judge, Bhaderwah and are of the view that the conclusions reached therein resulting in the acquittal of the respondent does not warrant any interference by this Court in view of the reasons mentioned hereunder.

(3.) The matter pertains to the death of Naresh Kumar, SPO No. 3078, who while posted at STF Post Kota, Tehsil, Gandoh died in suspicious circumstances while performing duty at the said post on the night of July 9, 2002 with his dead body being found lying in the post with a bullet injury in the chest after sound of gunfire was heard during the night. On it not being established on the spot as to whether the deceased had died from bullet injury from his own weapon or at the hands of somebody else, inquest proceedings u/s 174 Crimial P.C. were initiated by the SHO Police Station Gandoh, enquiry was entrusted to one Des Raj, ASI, Investigating Officer, who on proceeding to the spot along with a medical team and photographer took the body into custody and got post-mortem conducted on the same which revealed that the deceased had suffered a single bullet injury on his chest as also exit wound on the back and that the deceased had died due to hemorrhagic shock on account of the same. The investigating officer prepared site plan of the place of incident, seized bloodstained clothes of the deceased, SLR rifle, magazine containing 18 live rounds, 3 spent cartridges besides a tape recorder and cassette belonging to the deceased lying at the place of incident. The seized arms and ammunition were sealed in 3 different parcels and sent to the FSL Jammu after getting the same resealed from an Executive Magistrate and report of the Ballistics Expert obtained where after the body of the deceased was handed over to his legal heirs for performing last rites, statement of some witnesses were recorded by the investigating officer u/s 175 Crimial P.C. in order to ascertain the cause relating to the death of the deceased but no clues were found.