DB uphold life-imprisonment of CRPF cop
JKUT (Jammu), July-03-2021-( JNF):- A Division Bench of Jammu & Kashmir High Court Comprising Justice Dhiraj Singh Thakur and Justice Sanjay Dhar upheld life-imprisonment of Ramesh Chander Head Constable in CRPF who had fired several rounds with his service rifle AKM bearing Butt No.S/71 body No.NK447619 in Jawans Barracks which resulted in death of two persons, namely, Head Constable Tufail Ahmad Khan and Head Constable Sadashiv Tiwari as also injuries to two more persons, namely, Head Constable Biren Malakar and Constable Hemango Burman.
Division Bench after hearing both the sides observed that it is to be noted that it is not a case where prosecution has itself chosen
not to produce the aforesaid witnesses in the court but it is a case
where evidence of the prosecution was closed by the orders of the
court because the trial could not be completed expeditiously on
account of the fact that most of the prosecution witnesses, upon their transfer to different parts of Country, were not readily available for their production before the Court. Thus, the prosecution in the instant case has not deliberately withheld any evidence from the Court, as such, no adverse inference can be drawn against it. The argument of learned counsel for the appellant is, therefore, without any merit. For the foregoing discussion and reappraisal of the evidence on record, we do not find any reason to take a view other than the one taken by the learned trial court. The impugned judgment of conviction and sentence passed by the learned trial court is well-reasoned and based upon correct appreciation of evidence on record. The same, therefore, does not call for any interference. The appeal of the appellant is, therefore, dismissed and the reference made by the learned trial court is accepted. JNF