Recovery Of Weapon Used In Commission Of Offence Is Not A Sine Qua Non For Conviction: Supreme Court

Conviction of the suspect for the acquisition of a weapon used in committing a crime is not a sine qua non, the High Court observed while finalizing the conviction of the accused for murder. A bench consisting of Judges DY Chandrachud and Mr Shah found that minor disputes that do not go to the source of the matter and / or such disputes are not a clear argument, the evidence of those witnesses cannot be set aside and / or disbelieved.

In this case, the accused were found guilty under Section 302 r / w 34 of the IPC for killing one Bishampal Singh in an incident that took place on 28.01.2006. In the appeal, one of the arguments raised on behalf of the defendant was that as a ballistic report the bullet was found to be inconsistent with the firearm / firearm found and therefore the use of the firearm as suspected is doubtful so the benefit of the doubt should be given to the respondent concerned.

"At the very least, it can be said that the firearm obtained by the police from the accused may not have been used for murder so the return of the weapon used in the murder may be ignored and should be treated as if there is a conviction for possession of a firearm used in the crime is not a sine qua non.

Gun injuries have been identified and confirmed by medical evidence and the inclusion of Drs. Santosh Kumar, PW5. Injury no.1 shotgun. Therefore, it is impossible to deny the reliable ocular evidence of PW1 & PW2 - eyewitnesses who witnessed the incident. It does not affect the reliability of the installation of PW1 & PW2 - eyewitnesses who witnessed the incident.

It does not affect the reliability of the installation of PW1 and PW2 that the A1 was shot dead with a shotgun, especially as it was reinforced with bullets in the body and also confirmed by PW2 & PW5 evidence.

Prior to this, because the ballistic report indicates that the ammunition obtained does not correspond to the detonated ammunition, it cannot deny the reliable and trustworthy placement of PW1 & PW2. "The Court ruled in our favor.