The prosecution failed to prove the accused's guilt beyond reasonable doubt due to contradictions in eyewitness testimonies, unreliable recovery of the weapon, and a defective investigation.

JUDGMENT :

MADHU JAIN, J.

1. The present appeal has been filed by the Appellant under Section 378 (1) (b) of the Code of Criminal Procedure, 1973 (hereinafter,‘CrPC’) assailing the impugned judgment dated 15^th November, 2014 (hereinafter, ‘impugned order’) passed by ld. ASJ Special Judge (NDPS)(West), Tis Hazari, Delhi inSessions Case No.3/2011 arising out ofFIR No. 339/2010 Police Station Punjabi Bagh.

2. By the impugned order, the accused/Respondents (hereinafter ‘Respondents’) Sh. Sanjeev Singh and Sh. Shivji Jaiswal @ Guddu were acquitted of the charges under Sections 302 /34 and 323/34 of the Indian Penal Code, 1860 (hereinafter, ‘ IPC ’), on the ground that the Prosecution had failed to prove its case beyond reasonable doubt against any of the Respondents. The conclusion of the ld. Trial Court is set out below:

“56. In view of the foregoing reasons, this court is of the considered viewthatprosecution has failed to prove its case beyond reasonable doubt against any of the two accused persons for the offence punishable under section 302/34, 323/34 IPC . Benefit of doubt is given to both the accused.Therefore, both the accused Sanjeev Singh and Shivji Jaiswal @Guddu are acquitted for the offence punishable under section 302/34, 323/34 . Both the accused are in judicial custody in this case. They be released forthwith if not wanted in any other case on furnishing of their personal bond in sum of Rs.25,000/- each with one surety each of the like amount in view of provisions of section 437A Cr.P.C.”

Facts

3. The factual aspects pertaining to the present case are that on 15th November, 2010, information was received at Police Station Punjabi Bagh vide DD No. 11A (Ex. PW8/C) in respect of an unidentified dead body lying in the bushes in the jungle area behind the Post Office, Haryana Power House Complex, Punjabi Bagh. Upon receipt of the said information, Inspector H.S.P. Singh (PW-23) now ACP H.S.P. Singh, along with Sub-Inspector Manoj Kumar (PW-22) and Head Constable Bijender (PW-21), reached the spot.

4. At the spot, the police found one dead body of a male, aged about 40 years, lying there with visible injuries on the head. Vimlesh (hereinafter ‘PW- 1’) and Munesh (hereinafter ‘PW-3’) subsequently identified the dead body as that of Sh. Rakesh (hereinafter ‘deceased’), son of Kishori Lal. PW-1 thereafter made a statement to the police stating that he was working at a liquor shop in Punjabi Bagh on a temporary basis along with his two co-brothers (Chachere sale), namely PW-3 and the deceased, who were residing with him at Loni and were also working at the same liquor shop.

5. According to the Prosecution, on 14th November, 2010 at around 8:30 PM, PW-1, PW-3 and the deceased were selling country made liquor at the said shop. At that time, the Respondents Sanjeev Singh and Shivji Jaiswal @ Guddu, residents of Indira Colony Jhuggi, used to visit the shop frequently and on the date of the incident, they came a