JUDGMENT :

M. M. SUNDRESH, J.

1. An order of acquittal passed on a scrutiny of evidence before it by the District and Sessions Judge, North-East District, Karkardooma Court, Delhi in S.C. No.6/12 got overturned by the impugned judgment of the Division Bench of the High Court of Delhi based upon the existence of motive along with the recovery made under Section 27 of the Indian Evidence Act (for short ‘the Act’).

FACTS IN BRIEF:

2. On 30.05.2011, the first information report was recorded on finding a dead body. PW2, brother of the deceased, identified the body. Statements of both PW1, father of the deceased and PW2 have been recorded, which did not indicate any specific suspect. The Investigating Officer conducted the inquest and prepared the map. On the next day, doubts were raised by PWs 1 and 2 pointing the finger of suspicion on the accused who happens to be a friend of the deceased. Upon securing the accused, recovery of the material in the form of firearm was made. Both the observation Mahazar along with the sketch and the recovery Mahazar under Section 27 of the Act were signed by the police officers with the exception that the latter one was signed by PW2 as well.

3. The trial Co