STATE TIMES NEWSJAMMU: 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’ Barrack, which resulted in death of two persons namely, Head Constable Tufail Ahmad Khan and Head Constable Sadashiv Tiwari besides injuring two other persons namely, Head Constable Biren Malakar and Constable Hemango Burman.The 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 aforesaid witnesses in the Court, but it is a case where evidence of the prosecution was closed by orders of the court because trial could not be completed expeditiously on account of fact that most of the prosecution witnesses, on 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 Court. “As such, no adverse inference can be drawn against it. The argument of 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 trial court. The impugned judgment of conviction and sentence passed by the 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 reference made by the trial court is accepted,” the Bench observed.
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