1. By way of the instant appeal a challenge is laid to the judgment dated 7th of April, 2018, passed by the Court of 2nd Additional Sessions Judge, Jammu in the case arising out of FIR No. 77/2010, registered by Police Station, Channi Himmat, Jammu under Section 302/34 of the Ranbir Penal Code against the respondents. By this judgment, the learned Trial Judge acquitted the respondents Vijay Kumar and Sukhdev Raj @ Kala for commission of the offences under Sections 302/34 of RPC with which they were charged. To the extent necessary, the facts giving rise to the case are briefly noted hereafter:
(i) On 9th of February, 2008, the Police Post, Sainik Colony received information that a dead body of an unknown male about 24 years of age was hanging from an iron road (saria) in a shop under construction at sector No. A, Sainik colony, Jammu.
(ii) As the death appeared to be in suspicious circumstances, inquest proceedings under Section 174 Cr.P.C. were initiated which were taken up by Sub-Inspector Karan Chalotra-Incharge, Police Post, Sainik Colony. During the course of this inquiry, the investigating officer visited the spot, prepared the site plan, took the dead body into police custody, got photography conducted and seized objects items from the spot. The dead boy was shifted to the hospital and a postmortem was conducted there. Clothes of the deceased were seized in evidence.
(iii) The dead body was identified as that of Harbans Lal S/o. Sardari Lai, R/o. Kana Chargal Morha Mela, Tehsil Jammu and handed over to the relatives of the deceased against receipt.
(iv) The samples of viscera of the deceased were obtained and sent to the Forensic Science Laboratory, Jammu. Statements of the witnesses were recorded under Section 175 of the Cr.P.C.
(v) Pursuant to the order No. Rdr/SPCS/8730-33 dated 7th of October, 2008, of the SP City South, the inquest was conducted by Sh. Sandeep Kumar Mehta, the then SDPO, City East, who recorded revised statements of witnesses under Section 175 of the Cr.P.C.
(vi) The postmortem report was obtained from the doctor, wherein it was opined that the death in the case was due to asphyxia as a result of strangulation.
(vii) On receipt of this opinion of the cause of death, the SDPO raised a query dated 18th of May, 2010 upon the department of Forensic Medicine Government Medical College, Jammu as to;
(a) Whether the death in the case was homicidal or suicidal.
(b) Since no struggle marks or external injuries were seen anywhere on the body, whether the death could be due to hanging.
(viii) These queries were responded to on 22nd of May, 2010 by Dr. L.D. Bhagat, Medical Officer (who stood transferred from Government Medical College, Jammu to the SDH, Bhadarwah as BMO), stating that so far as the first query was concerned, the decision as to whether the death was homicidal or suicidal was required to be taken by the investigating officer premised on his investigation. The Doctor observed that in most cases of strangulation, the death is homicidal or otherwise. In response to the second query, Doctor observed that struggle marks may not always be present if the victim is asleep or slightly under any sedative. It was also stated that the injury noted on page 2 of the postmortem report could not be due to hanging.
(ix) In view of the above that the SDPO had observed that in view of the above, the deceased had not died due to hanging, but someone had killed him and then hung him with a rope in an under construction shop, observing that prima facie the death of the deceased was due to strangulation committed by somebody else. A direction was issued by SDPO City East Jammu vide order dated 3rd of June, 2010 to register a case under appropriate section of law.
(x) In view of above directi........