The statement under Section 313 Cr.P.C. is not a substitute for prosecution evidence and cannot solely lead to the conviction of the accused.

Headnote:
Recovery - Criminal Law - Section 307 IPC, Section 3/25 Arms Act, Section 8/22 of N.D.P.S. Act - The court discussed the sufficiency of evidence in a case involving the recovery of a weapon and narcotics, the plea of guilt by the accused, and the requirement for the prosecution to prove its case beyond reasonable doubt. The court emphasized the need for corroborative evidence and expert analysis to establish the use of the weapon, and highlighted that the statement under Section 313 Cr.P.C. is not a substitute for prosecution evidence.
Fact of the Case:

The appellant was convicted under Section 307 IPC for possessing a weapon and narcotics. The prosecution's case was based on the recovery memo, witness testimony, and the accused's plea of guilt.
Finding of the Court:

The court found that the prosecution failed to provide sufficient corroborative evidence to establish the use of the weapon and narcotics, and emphasized that the accused's plea of guilt in the statement under Section 313 Cr.P.C. is not a substitute for prosecution evidence.
Issues: The sufficiency of evidence in a case involving recovery of a weapon and narcotics, the impact of the accused's plea of guilt, and the requirement for the prosecution to prove its case beyond reasonable doubt.
Ratio Decidendi: The court emphasized the need for corroborative evidence and expert analysis to establish the use of the weapon, and highlighted that the statement under Section 313 Cr.P.C. is not a substitute for prosecution evidence.
Final Decision: The appellant was acquitted of the charges and ordered to be released from jail.

JUDGMENT :

Samit Gopal, J.

1. Heard Sri Satya Prakash Rathor, learned Amicus Curiae for the appellant and Sri S.B. Maurya, learned counsel for the State and perused the material on record.

2. This jail appeal has been filed by the appellant Gabbar Patel @ Dharmendra challenging the impugned judgment and order dated 25.09.2006 passed by Additional District & Sessions Judge, Court No. 14, Varanasi in Sessions Trial No. 784 of 2004, by which he has been convicted and sentenced under Section 307 I.P.C. to undergo three years and six months rigorous imprisonment.

3. The prosecution case as per the First Information Report lodged on 04.03.2003 at about 01:40 am is that the police informer informed the police that one person standing at Jalalpur Mod and is about to commit an incident who is having narcotics and a country made pistol with him, on which, the S.O. Sunil Kumar Bisnoi along with his accompanying police personnels proceeded towards the said person. They had torch with them. The said person all of sudden fired upon them to which they escaped and then they followed him after which near Jalalpur Mod he showed them his weapon but they arrested him on 03.03.2003 at about 23:40 hrs after overpowering him. They recovered a 12 bore country made pistol from his right hand and immediately upon opening its barrel found an empty cartridge. The said person was asked about his identity to which he disclosed that his name is Gabbar Patel @ Dharmenndra Patel and told his father’s name and address. He further told them that he has diazepam tablets with him. He told them to take his search after which from his left pocket something wrapped in paper was found, on opening of which small tablets were recovered which were on counting found to be 300 tablets. The country made pistol, empty cartridge and the tablets were recovered and a recovery memo was prepared which was duly signed by him. The said recovery memo is Exb: Ka-1 to the records.

4. On the basis of the said recovery memo, a First Information Report was lodged on 04.03.2003 at 01:40 am as Case Crime No. 29 of 2003 under Section 307 IPC, Case Crime No. 30 of 2003, under Section 3/25 Arms Act and Case Crime No. 31 of 2003, under Section 8/22 of N.D.P.S. Act, Police Station Bada Gaon, District Varanasi.

5. The matter was investigated and a charge sheet no. 34 of 2003 dated 24.03.2003 was filed against the accused-appellant Gabbar Patel @ Dharmendra under Section 307 I.P.C. The same is Ex. Ka- 5 to the records.

6. Vide order dated 03.05.2005 passed by the Additional Sessions Judge, Court No. 14, Varanasi charge was framed under Section 307 I.P.C. against the accused Gabbar Patel @ Dharmendra. He pleaded not guilty and claimed to be tried.

7. In the trial, Sup-Inspector Ajay Srivastava was examined as PW-1. Amongst the prosecution documents, the recovery memo was produced as Exb: Ka-1, the Chik FIR was Exb: Ka-2, the GD of registration of the FIR was Exb: Ka-3, site plan was Exb: Ka-4 and the charge sheet was Exb: Ka5 to the records.

8. After recording of the evidence of PW-1, the accused in his statement recorded under Section 313 Cr.P.C. in reply to question no. 4 stated that he committed a fault. He pleads guilty. Further, to question no. 6 he states that he is in jail since long time and as such leniency be shown.

The trial court thus after his confession under Section 313 Cr.P.C. concludes the trial as passed the impugned judgment by stating that on the basis of statement of PW-1 and the recovery memo along with the confession of the accused-appellant, the prosecution has succeeded its case beyond reasonable doubt and convicts him as stated above.

9. PW-1 Ajay Srivastaava was posted as Chowki In-charge Harhua, Police Station Bada Gaon, District Varanasi. On the day of the incident, he was standing with the S.O. at Jamalpur Mod and were talking about miscreants, on which, the police informer came and on his information and pointing out an effort was made to arrest the accused-appellant after whi

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