The suspicion, no matter how strong, cannot take the place of proof beyond reasonable doubt. An accused is presumed to be innocent unless proved guilty beyond a reasonable doubt.

JUDGMENT :

1. This appeal is directed against the judgment of conviction dated 03.04.2007 and order of sentence dated 10.04.2007 passed by the learned Sessions Judge, Budgam (hereinafter to be referred as “the trial court”) in case titled “State vs. Apdesh Pratap Singh” in file No. 64/Sessions, whereby the learned trial court in charge sheet arising out of FIR No. 246 of 2001 of Police Station, Saddar under Sections 302, 307, 309 RPC, has convicted the appellant for commission of offences under Sections 304-II, 307 and 309 RPC. The appellant has been sentenced to seven years rigours imprisonment and a fine of Rs.5,000/- under Section 304-II RPC, in default of payment of fine, he has been directed to undergo six months simple imprisonment. He has also been sentenced to seven years rigours imprisonment under Section 307 RPC. The appellant has been further sentenced to six months simple imprisonment and fine of Rs.500/- under Section 309 RPC, in default of payment of fine, he had been directed to undergo simple imprisonment for one month. All the sentences awarded were directed to be run concurrently.

2. This appeal has been filed by the appellant on the ground that the learned trial court has not rightly appreciated the evidence and further that the Doctor as well as the Investigating Officer were not examined by the prosecution, as such the appellant was required to be acquitted.

3. Learned Counsel for the appellant vehemently argued that the prosecution had miserably failed to prove its case but despite that the appellant has been convicted by the learned trial court. It was also argued that the learned trial court had put some facts as incriminating evidence to the appellant which never formed the part of evidence led by the prosecution and in fact, the allegations levelled in the charge-sheet were put to the appellant. The learned counsel further argued that no witness has deposed that he had seen the appellant firing, as it was quite dark when the occurrence took place. Much stress was laid by the learned counsel for the appellant that neither the Investigating Officer nor the Doctor, who conducted the post-mortem, were examined by the prosecution. He further submitted that there was no evidence that the appellant shot himself but still he was convicted for commission of offence under section 309 RPC.

4. Learned counsel for the respondents argued that the prosecution had proved the case by leading cogent evidence and the eyewitnesses have clearly deposed against the appellant. He further submitted that the prosecution case cannot be rejected on account of minor contradictions. Lastly, he submitted that there is no illegality in the judgment passed by the learned trial court that may warrant interference by this court.

5. Heard learned counsel for the parties and perused the record of the trial court.

6. The brief facts, as they emanate from the charge-sheet are that a written complaint was submitted by the Commanding Officer 71 Bn. of CRPF with the Police Station, Saddar stating therein that on 26.08.2001 at about 2300 hours, an information regarding movement of the militants in the nearby area was received from Commandant 98 Bn BSF by the Commandant. Accordingly, the entire camp of Sanat Nagar was put on alert. Ct./GD A. P. Singh of the Unit, who was rear Sentry of the headquarter line from 1250 hours to 0030 hours, was found slack on duty by the Adjutant of the Unit. After briefing the troops and pointing out normal short-comings, Shri A.K. Jerari, AC OC -D/71 and Adjutant of the Unit ordered stand down. After five minutes of dispersal, Constable Ct/GD A. P. Singh, who was performing the duty of the rear Sentry of Headquarter line, after leaving his post, entered the room of ground floor of HC GD Sidh Nath Singh (BHM) of the Unit and opened fire on him, as a result of which HC/GD Sidh Nath Singh was killed on spot and HC GD Manager Singh CMH of HQ/Coy immediately came out from his room. He was also fired upon by the said Ct/GD