The importance of critically scrutinizing evidence, the need for a chain of circumstances in circumstantial evidence cases, and the requirement to adhere to proper procedures for obtaining evidence.

JUDGMENT

Subodh Abhyankar, J. - This appeal under Section 374 (1) of the Code of Criminal Procedure, 1973 has been filed by the appellants being aggrieved of their conviction and sentence.

1. The appellants stand convicted by the impugned judgment dated 08.01.2014, passed by the learned Special Judge, Barwani District Barwani (MP) in Sessions Trial No.48/2010, whereby, while holding the present appellants guilty, the learned Judge of the trail court has sentenced them, as mentioned herein below: -

2. In brief, the facts giving rise to the present appeal are that on 12.12.2009, deceased Head Constable Sajjan Mishra was attached to Police Station Anjad, District Barwani (MP) for the purposes of investigation in connection with Crime No.207/2009 registered under Section 394 of Indian Penal Code, 1860. The deceased, with a view to carry out the search of the offenders, started for Gram Talwara Deb after making entry in Roz Namcha Sanha at Serial No.462 Ex.P/16, but he came back subsequently at around 12.20 PM and informed that appellants A1-Deepak, A2-Mahesh and A3-Motilal (armed with pistols) were moving around Hospital Square, Anjad, where he is heading and also informed to the Police Station to bring additional force. This entry is made at Roz Namchan Sanha No.465 proved as Ex.P/17.

3. On this information, complainant Head Constable Gajendra Singh (PW-6), together with a Constable Mahendra went to Hospital Square, Anjad which is recorded at Serial No.466 in Roz Namcha Sanha and proved as Ex.P/18. On reaching the Hospital Square, Anjad, they found that the appellants (Deepak Kadam, Mahesh Darbar and Motilal Bhilala) were firing at the deceased Sajjan Mishra in the shop of PW-2 Dilip Pal, the Photographer; and before this witness could reach the spot, the appellants boarded a blue colour Maruti Van bearing registration number MP-09 BA- 6278, and fled towards Rajpur. The incident is said to have been witnessed by Nathulal (PW-1), Dilip (PW-2) and Pramod (PW-5).

4. The Complainant Head Constable Gajendra Singh (PW- 6) took the deceased Head Constable Sajjan Mishra to the hospital, where the doctor declared him dead on account of gun shot injuries on his chest. Thus, First Information Report (FIR) Ex.P/20 was lodged by the complainant Head Constable Gajendra Singh (PW-6) and which was recorded by Head Constable Dulichand Patidar (PW- 4). A Marg was also registered under Section 174 of the Code of Criminal Procedure, 1973 vide Ex.P/21; and the investigation ensued and the appellants were also arrested on the same day, as it is alleged that the car in which they were fleeing from the spot, turned turtle after some distance and when the police reached the spot, they also fired gun shots on the police party but subsequently got overpowered by them. The appellants were brought to the Police Station and subsequently at their instance, pistols were recovered from the blue colour Maruti Car in which they were travelling and which met with the accident. Thus, the Police Personnel again went to the said place of accident of Maruti Car and recovered the pistols from the car.

5. During the investigation, the appellants' hands were washed with Silver Nitrate and its Gun Shot Residues (GSR) solution/liquid was sent for examination. Appellants' (Deepak and Motilal) fingerprints were also obtained and the fingerprints were also obtained from the pistols recovered at the instance of appellants (Deepak and Motilal). Their fingerprints were matched with the fingerprints found on the pistols and vide report Ex.P/31 it was found that they had fingerprints of