The court emphasized the unreliability of eyewitness testimony from related witnesses, especially when recorded after significant delays, leading to the acquittal of the accused.

JUDGMENT :

Rajnesh Oswal, J.

1. All these four appeals arise out of the judgment of conviction and order of sentence dated 12.12.2017 passed by the court of learned Principal Sessions Judge, Jammu (hereinafter to be referred as “the trial court”) in chargesheet titled “State vs. Gurdev Singh & Ors.” arising out of FIR No.160/2009 of P/S Satwari, by virtue of which, all the appellants have been convicted for commission of offence under section 302/34 R.P.C. The appellants namely Gurdev Singh alias Danchi and Harpreet Singh alias Sunny have been further convicted for the commission of offence under section 3/25 Indian Arms Act. All the appellants have been sentenced to undergo rigorous imprisonment for life under section 302 RPC and to pay a fine of Rs.50,000/- each. In default of payment of fine of Rs.50,000/, the appellants have been ordered to undergo further imprisonment of like nature for a period of one year. The appellants namely Gurdev Singh alias Danchi and Harpreet Singh alias Sunny have been further sentenced to undergo simple imprisonment for three years under section 3/25 Indian Arms Act and to pay a fine of Rs.10,000/- each. In default of payment of fine of Rs.10,000/ both the appellants have been ordered to undergo further imprisonment of like nature for a period of three months.

2. Though the appellants have filed four separate appeals but the main and common ground of challenge thrown to the judgment of conviction and the order of sentence is that the learned trial court has not appreciated the evidence in its right perspective and the alleged eyewitnesses produced by the prosecution had made contradictory statements before the learned trial court. It is also stated that all the three eye witnesses examined by the prosecution were the family members of the deceased and in fact, there was no occasion for all of them to be present on spot to witness the murder of the deceased. It is also stated that PW Gyan Singh, father of the deceased during his cross-examination, resiled from his statement made during examination-in-chief but the learned trial court has not appreciated the same. The appellants have also raised the issue of delay in recording the statements of the eye witnesses thereby urging that the witnesses were planted only to falsely implicate the appellants.

Prosecution Case:

3. The brief facts as they emanate from the charge-sheet are that FIR bearing No. 160/2009 dated 27.11.2009 for commission of offences under section 302 RPC read with sections 3 and 25 Arms Act was registered, after the receipt of a Report No. 24 dated 27.11.2009 of Police Post Gadigarh at Police Station, Satwari at 6.15 AM. It was stated in the report No.24 that on 27.11.2009 at 5.00 AM an information was received from reliable source that one person Harpreet Singh alias Babbi S/o. Gyan Singh was killed by some unknown person(s) in the night intervening 26/27th November, 2009 by gunshot and his dead body was lying on the road at Rani Bagh near Mahindra Body Builders Workshop. After the registration of FIR, investigation was entrusted to Sub-Inspector Mohd. Irfan, In-charge Police Post Gadigarh, Jammu. He visited the spot and prepared the site plan. Photographs of the deceased were taken. He also seized the blood-stained clay and simple clay from the spot. Auto rickshaw No. JK02F-3317 of the deceased was also seized. The Investigating Officer in his investigation concluded that on 24.11.2009, all the accused persons in the shop of Gurdeep Singh situated at Gadigarh were conspiring to kill the deceased and the conspiracy of the accused was heard and watched by the parents of the deceased. The deceased was an Auto driver by profession and used to drive Auto till late night. When the deceased did not return as usual on 26.11.2009, his parents and sister started searching for him on 27.11.2009 and when at around 3 to 4 AM, reached near Rani Bagh, auto of the deceased passed them, which was followed by one motorcycle and Van bearing No. JK02-0