IMPORTANT POINT
When testimony of chance witnesses is not corroborated, FSL report is not conclusive, motive of crime is not clear and FIR is registered on suspicion, conviction will not be sustainable.

JUDGMENT

Prafulla C. Pant, J.

This appeal is directed against judgment and order dated 02.04.2014, passed by the High Court of Punjab and Haryana in Criminal Appeal No. D-391- DB of 2002 whereby said Court has dismissed the appeal affirming the conviction and sentence under Section 302/34 IPC, against accused/appellants Pawan @ Rajinder Singh and Ajit @ Dara Singh, recorded by the Additional Sessions Judge, Fast Track Court No. 1, Faridabad. The High Court has further affirmed the conviction and sentence recorded against accused/appellant Ajit @ Dara Singh under Section 25 of the Arms Act, 1959.

2. Heard learned counsel for the parties and perused the record of the case.

3. Prosecution story, in brief, is that Deepak (deceased) was elder brother of PW-6 Amit Kumar (complainant). Amit Kumar had a business of selling flowers, and his elder brother used to do the delivery work. Their neighbour Gola (not examined) had taken a loan of Rs. 10,000/- on interest from accused Pawan, and he (the debtor) had returned the same except Rs. 250/- . On 09.11.2000 at about 8.30 p.m. accused Pawan @ Rajinder Singh and his cousin accused Ajit @ Dara Singh demanded remaining Rs. 250/- from Gola to which the deceased requested them to waive the said amount due to which some altercation took place between the deceased and the two accused. About half an hour thereafter both the accused came back on a scooter, and Deepak (deceased) also left with them but on his separate scooter bearing registration No. HR 51 E-4749. Deepak did not return till late night. On this, PW-6 Amit Kumar and his father Ram Nath started search for him. In the next morning they came to know that dead body of a person is lying near Air Force ground. Both, father and son went there and saw that it was the dead body of Deepak. Suspecting that appellants Pawan @ Rajinder Singh and Ajit @ Dara Singh had committed the murder, a report (Ex PE-1) was given to the police in the early hours of 10.11.2000 mentioning their names. On the basis of said report, First Information Report No. 803 dated 10.11.2000 (Ex.PK) was registered at Police Station, N.I.T., Faridabad.

4. Investigation was initiated by PW-9 ASI Jai Singh, and later PW-12 Inspector Raj Pal Singh took over the same. PW-9 ASI Jai Singh, after taking the dead body in his possession, got the inquest report (Ex. PL-1) and site plan (Ex.PM) prepared. An empty cartridge was also recovered from the place of incident. PW-12 Inspector Raj Pal Singh, Investigating Officer got sent the empty cartridge to Forensic Science Laboratory for examination. He also took the blood stained earth from the spot. He interrogated the witnesses. Meanwhile, PW-1 Dr. D.S. Rathi, along with Dr. Sunita Gupta and Dr. P.S. Yadav, conducted the post mortem examination on 10.11.2000 at about 5.00 p.m. In the autopsy report (Ex. PL) following ante mortem injury is mentioned: -

"A circular circumscribed wound 2.5 c.m. x 2.5 c.m. in diameter and 2 c.m. from middle of chest on left side at level of 10th rib. On probing going downward posteriorly, blackening and singeing present around the wound, margins inverted. On examination few pellets found embedded, underneath the skin and soft tissues. On dissection the pleural cavity contained blood. A few metallic pellets found inside in left chest and pleural cavity, removed. On further dissection hole in stomach also present. On further examination a foreign body of rounded shape 2 c.m. in size was found and removed. The pellets and the foreign body sealed in a vial."

5. During investigation, the Investigating Officer arrested both the accused, and on their disclosure scooter bearing registration No. HR 51 C 1609 was recovered from their house. The prosecution case is that a country made pistol was also recovered on the disclosure statement (Ex. PK) made by accused Ajit @ Dara Singh. A broken butt of the pistol was said to have been found from the place of incident. After completion of investigation charge sheet was filed by t