The prosecution must establish the guilt of the accused beyond reasonable doubt, and unreliable witness testimonies and lack of conclusive evidence can lead to acquittal.

JUDGMENT :

1. This criminal appeal is directed against the judgment and order dated 16.7.2014, passed by the learned Additional Sessions Judge/Special Judge (Essential Commodities Act), Mainpuri in Sessions Trial No. 82 of 2005, arising out of Case Crime No. 254 of 2004, under Section 302 IPC, Police Station – Bichhwan, District – Mainpuri; whereby the appellant Jasveer Singh has been convicted under section 302 IPC and sentenced to life imprisonment along with fine of Rs.25,000/- and in default of payment of fine to undergo two years additional rigorous imprisonment.

2. Prosecution case proceeds on a written report (Ex.Ka.1) of Megh Singh (PW-1), as per which, his nephew Pushppal Singh S/o late Totaram (deceased), aged 30 years used to work in Delhi for wages and would often visit his house to meet his family members who were living in the village. The deceased had come home for Diwali. His brother Jasveer Singh S/o late Totaram (accused appellant) was residing in the village and was running a Grocery Shop. The mother of the accused and deceased namely Anarkali was virtually blind and was residing with the family of the deceased. The deceased came to the accused a day earlier asking for money for the treatment of their mother but the accused refused to part any sum. An altercation took place between the two brothers at around 7.30 in the evening whereafter the accused went inside his house and came armed with a Tamancha (country-made pistol) and fired on the deceased in front of the door of the house. The deceased fell and died shortly, thereafter. On hearing the gunshot public gathered at the place of occurrence including Ramesh Chandra S/o Kedar Singh, Bahadur Singh S/o Vrindavan Singh, Maharaj Singh S/o Kanauri Lal, Nem Singh S/o Vir Sahai and dead body is lying at the spot.

3. On the basis of aforesaid written report, a first information report (Ex.Ka.-10) has been registered at Police Station – Bichhwan at 10.45 PM, on the date of incident i.e. 30.11.2004. The accused was later arrested and on his pointing out a country-made pistol has been recovered on 18.12.2004 from the open agricultural field in the presence of Saitan Singh alias Narendra Singh S/o Sardar Singh Lodhi and Ramsharan S/o Badan Singh Lodhi, pursuant to which a subsequent FIR under Section 25 Arms Act has been registered on 18.12.2004 (Ex.Ka.4). It is pursuant to these two FIRs that the accused appellant has been charged with offences under Section 302 IPC and 25 of the Arms Act and ultimately convicted under Section 302 IPC and sentenced to life.

4. As per Investigating Officer (PW-10), he arrived at the place of occurrence at about 12.30 in the night. Panchayatnama is also on record as per which intimation of the offence was received on 30.11.2004 at 7.30 pm. There is, however, a distinct overwriting in the date which apparently was 1.12.2004 upon which 30.11.2004 has been superimposed. The panchayatnama has commenced at 7.15 in the morning on 1.12.2004 and concluded at 9.00 am. The deceased was found wearing a full sleeve check brown colour (Matmaila) shirt and a green colour lungi. He was also carrying a muffler. The inquest witnesses found that the the deceased had sustained a gunshot injury but to know the exact cause of death postmortem be got conducted. The body was thereafter sealed and sent to mortuary for the postmortem. The postmortem report is on record as Ex.Ka.2, as per which, the deceased was a man of average built and rigor mortis was present on the dead body. The cause of death as per postmortem is shock and hemorrhage as a result of following ante mortem injury:-

“Firearm entry wound 3 cm x 2 cm x on right side abdomen. 10 cm below to umbilicus at 7 ‘O’ Clock position. Blackening present around the wounds.”

5. The postmortem report also records that two metallic pellets have been recovered from the dead body. There is however only one wound of entry.

6. The statement of alleged eye-witnesses Ramesh Chandra and others was recorded by the polic