JUDGMENT :

Sanjeev Kumar, J.

This appeal by the appellant [‘the accused’] is directed against the judgment of conviction dated 11.08.2012 and order of sentence dated 13.08.2012 passed in File No. 233/Sessions by the learned 2nd Additional Sessions Judge, Jammu [“the trial Court”], whereby the accused has been convicted for offence punishable under Section 302 RPC and sentenced to imprisonment for life and fine of Rs. 4000/-. The order of sentence further provides that in case of default in payment of fine, the accused shall further undergo rigorous imprisonment for five months.

2. The impugned judgment of conviction and order of sentence are assailed by the accused on the ground that there has been total misappreciation of facts and misapplication of law. The trial Court has completely over looked and, in fact, has missed the gravamen of the charge and has convicted the accused without there being any eye witness to the occurrence. It is contended that the trial Court has failed to appreciate that the evidence on record was not sufficient enough to prove the charge against the accused beyond reasonable doubt.

3. The principal contention urged on behalf of the accused is that, as per the prosecution, pellets were recovered from the dead bodies of the deceased killed in the incident, whereas the gun allegedly used by the accused was designed to fire bullets only. It is, thus, submitted that the prosecution miserably failed to connect the rifle of the accused with the pellets that were found and extracted from the bodies of the deceased. This is the point which was emphasized by the learned counsel for the accused time and again during the course of arguments.

4. Before we advert to appreciate the grounds of challenge urged by the accused, we deem it proper to first allude to the prosecution case, as was projected against the accused before the trial Court.

5. On 03.04.2006, Police Station Pir Mitha, Jammu received a written complaint from HC Kailash Baitha of 4th Bn, CRPF, D-Company deployed in C. M. House Jammu. It was complained that Constable Anand Kumar Singh (the accused herein), belonging to the Company of the complainant and posted in C. M. House located at Wazarat Road, Jammu, on the basis of old enmity, caused the death of Inspector Shyam by making fire shots from his Insas Rifle. When Hav. Joginder Jha and Hav. H. N. Pandey tried to catch him, he shot them also dead. After killing the three, he fled away from the spot along with weapon issued in his favour. The occurrence was stated to have taken place at 7.45 P.M. On the basis of the aforesaid written report, FIR No. 18/2006 for commission of offences under Section 302 RPC and 30 Arms Act was registered in the Police Station and investigation commenced by Shri Rajinder Kumar Bhardwaj, the then SHO Police Station Pir Mitha, Jammu.

6. During investigation, site plan of the place of occurrence was prepared and the place of occurrence was also photographed through the photographer of Crime Branch Jammu. The dead bodies were lifted from the place of occurrence and their custody was taken over by polikce. The Medical Officer, Government Medical College, Jammu conducted the port-mortem of all the three bodies. Worn clothes and fragments of bullets extracted from the dead bodies, handed over by the Medical Officer to the Investigating officer, were also properly seized. After the post-mortem, the dead bodies were handed over to the officials of the 4th Bn CRPF against proper receipt for last rites. The Investigating officer seized the ordinary as well as blood stainedsoil from the place of occurrence and sealed it. The accused was arrested and on his disclosure statement, weapon of offence i.e. Insas Rifle and Magazine containing four live rounds and one pouch containing two magazines, each having twenty live rounds were also recovered and seized. The blood stained clothes and one Boot (Jungle Shoe) of left foot, worn by the accused, were also seized. Packets of the seized mat