The court upheld the conviction based on corroborated witness testimony, emphasizing the admissibility of expert reports without cross-examination if no request was made by the accused.

Judgment

Mr. Gurvinder Singh Gill, J.

The appellant Shokeen assails judgment dated 11.7.2018 as well as order dated 12.7.2018 passed thereto by learned Additional Sessions Judge, Mewat vide which the appellant has been held guilty of having committed an offence punishable under Section 302 IPC and under Section 25 of the Arms Act and has been sentenced as under :-

2. The matter arises out of FIR No. 99 dated 30.4.2016 lodged for offences under Section 302, 109/34 IPC and under Section 25 of the Arms Act at Police Station Ferozepur Jhirka at the instance of complainant Israil (father of deceased) wherein he alleged that on 30.4.2016 ‘Gauna Ceremony’ of Lala @ Yahya son of Deenu was being celebrated in their neighbourhood. On the night of 29.4.2016, on account of the happy occasion, music was being played by DJ. The complainant alongwith his daughter Swaliya, aged 13 years, went to the house of Deenu to participate in the function. His nephew Aas Mohd. son of Ismail and several other persons of the village were watching the performance by the DJ. The complainant alleged that Hakku son of Deenu called his colleagues Shokeen, Sakeem and Naseem telephonically who came there around 1:30 A.M. on their motorcycle and started dancing in a vulgar manner. When the complainant objected to the same then Shokeen took out his country-made pistol and aimed at complainant’s daughter, who was standing by his side. It is alleged that Naseem and Sakeem exhorted Shokeen to shoot at her and that they would take care of the consequences and upon which Shokeen fired at complainant’s daughter Swaliya on her forehead and on account of the said shot, she fell down and died at the spot. A stampede took place and during which Shokeen, Naseem and Sakeem fled away from the spot alongwith country-made pistol on a motorcycle. Complainant’s daughter Swaliya died on account of the firearm shot.

3. Upon receipt of said information by the police, a police party headed by SI Sheesh Ram reached at the spot. Inquest proceedings were conducted. The dead body was subjected to post-mortem examination. Statement of witnesses were recorded under Section 161 Cr.P.C. Shokeen was arrested by the police on 1.5.2016. During interrogation, he suffered disclosure statement, pursuant to which he got recovered a country-made pistol alongwith a live as well as one fired cartridge.

4. Upon conclusion of investigation, challan was presented against the accused/appellant Shokeen on 28.7.2016 in the Court of Sub-Divisional Judicial Magistrate, Ferozepur Jhirka who upon finding that from the facts it appeared to be an offence under Sections 302, 109/34 IPC and Section 25 of the Arms Act, committed the case to the Court of Session vide order dated 8.9.2016 and the matter was entrusted to the Additional Sessions Judge, Mewat.

5. The learned Additional Sessions Judge, Mewat upon finding that the accused had prima facie committed an offence punishable under Section 302, 109/34 IPC and offence under Section 25 of the Arms Act framed charges against the accused accordingly to which the accused pleaded not guilty and claimed trial.

6. The prosecution, in order to substantiate its case, examined as many as 11 prosecution witnesses. PW-1 Head Constable Tejveer stated that on 1.5.2016, he was posted as Constable at Ferozepur Jhirka and on which date Shokeen/appellant was arrested by SI Sheesh Ram and was interrogated pursuant to which he suffered disclosure statement (Ex.PW-1/A) admitting his guilt.

7. PW-2 Constable Anil Kumar stated that on 30.4.2016, he had joined investigation with Investigating Officer Sheesh Ram, during the course of which three blood stained stones and blood stained soil was taken into possession vide recovery memo Ex. PW-2/A. He further deposed that on 2.5.2016, the accused Shokeen, pursuant to his disclosure state