STATE Vs. JAGDEV SINGH

JUDGEMENT

(1.) THIS acquittal appeal filed by the State is delayed by a day. However, on the oral application of the learned Additional Advocate General, We condone the same and take up the appeal for admission.

(2.) THIS acquittal appeal is directed against the judgment dated 23 -2 -2007 passed by the learned Additional Sessions Judge, Reasi whereby he has acquitted the accused/ respondent from the charge of the commission of the offences under section 302 RPC read with section 30 of the Arms Act. The Police of Police Station, Mahore registered FIR No. 106/ 2003 on the basis of a wireless message sent to the Police Station by VDC , SPO Parkash Singh that on 17 -10 -2003 the deceased Budhi Singh had gone for fetching grass and while he was returning back in the evening alongwith one Raj Singh un -known terrorists fired indiscriminately upon said Budhi Singh and Raj Singh, in consequence whereof Budhi Singh died on spot after receiving bullet injuries, whereas Raj Singh managed his escape. It was further alleged in the message that one VDC member of Mahal came on the spot and he was also fired upon where -after an encounter ensued for about 2/ 2 1/2 hours. The terrorist however, taking advantage of dense forest and darkness managed to run away.

(3.) AFTER registering the FIR the police initiated investigation and after completion whereof found that the accused/ respondent Jagdev Singh was having illicit relations with the wife of the deceased Budhi Singh. On account of which the deceased Budhi Singh had been threatening the accused which resulted into enmity between them. On the day of occurrence the accused took the rifle belonging to his father and committed the murder of Budhi Singh. The VDC members of the area mis -took the firing to be the firing of militant and so they also opened fire. The accused during the investigation was arrested and on his disclosure statement one 303 rifle was recovered from the residential room of his house. Same was seized and was sent for Forensic Examination. Finding the accused responsible for the murder of the deceased Budhi Singh, the police presented the charge -sheet against him for seeking his trial for the commission of the offence under section 302 RPC and 30 of the Arms Act.