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HIGH COURT OF JAMMU & KASHMIR

AT JAMMU

Cr. Acq. Appeal No. 09/2003, MP No. 04/2009

Date of order: 10.12.2015

State of J&K vs. Gurmeet Singh

Coram:

Hon’ble Mr. Justice Mohammad Yaqoob Mir, Judge

Hon’ble Mr. Justice Janak Raj Kotwal, Judge

Appearing counsel:

For the appellant/petitioner(s) :

Mr. Rakesh Khajuria, AAG

For the Respondent(s):

:

Ms. Mandeep Reen, Advocate

(i)

Whether approved for

reporting in Press/Media : Yes

(ii)

Whether to be reported in

Digest/Journal

: Yes

Per Kotwal-J

1.

State is in appeal against judgment of learned 2^nd

Additional Sessions Judge, Jammu dated 14.09.2002,

whereby in Session case No. 57 respondent, Gurmeet

Singh (hereinafter to be referred as the accused) has

been acquitted after his trial for commission of offence

under sections 302 RPC and 30 Arms Act.

2.

Heard. We have perused the record.

3.

Prosecution case as it was set up before the trial court,

briefly, is that on 23.10.2000 at about 2045 hrs. (8.45

p.m) Jamal Ahmad Khan, Head Constable No.

630110183 of 21 Bn. CRPF (hereinafter to be referred

as the deceased) was shot at in his tent in CRPF Camp

at Sector No. 6, Channi Himat, Jammu (J&K). He was

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evacuated to Government Medical College Hospital,

Jammu where he was declared as brought dead. PW-1,

Raghuvansh Kumar, Assistant Commandant of the

Battalion lodged written information about the

incident at Police Station, Channi Himat, Jammu at

2200 hrs. (10.00 p.m.), which was entered as Report

No. 29 in the daily diary of the Police Station. PW-1

while reporting the incident also stated in the written

information lodged by him that though it was not

known as to who shot at the deceased but Constable

No. 913242435 (DVR.), Gurmeet Singh of the unit

staying in the same tent has absconded from the camp

and that four spent cartridges were found under the

cot, on which the deceased was lying with bullet

injuries. On this information, offences under sections

302 RPC and 3/25 Arms Act were registered as FIR

No.354/2000 at Police Station, Trikuta Nagar (Bahu

Fort) and investigation was entrusted to Shokat Mir,

Sub Inspector, Additional SHO of the Police Station,

Channi Himmat (PW-16).

4.

The Investigating Officer (I.O.) proceeded to the spot.

He seized blood stained blanket and a bed sheet

bearing bullets marks from the bedding of the

deceased. The I.O. took into his possession the dead

body of the deceased and dispatched it for

postmortem. He seized four spent cartridges and

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bullets within the tent where the occurrence had taken

place.

5.

Prosecution case further is that after the incident the

accused

had

surrendered

at

Police

Station,

City Jammu along with his pistol loaded with live

rounds. I. O. took charge of the accused and his pistol

and five live rounds (cartridges) from Police Station,

City Jammu.

6.

The I.O. after performing other formalities including

inter alia the preparing the sketch map of place of

occurrence, recording statements of the witnesses

under section 161. Cr. P.C. collection of postmortem

report and Ballistic Expert9s report found that on the

date of occurrence there was a minor altercation

between accused and the deceased inside the tent and

the accused shot dead the deceased by firing through

his service pistol, which had been allotted to him. I. O.

thus, found commission of offences under sections 302

RPC and 30 Arms Act by the accused. Charge sheet

against the accused was filed in the court of Committal

Magistrate, which after committal came up for trial

before the learned 2nd Additional Sessions Judge,

Jammu.

7.

Learned trial court upon consideration of the record of

the case and hearing both sides, framed charges under

sections 302 RPC a