Arms & Ammunition
Manner of recording entries in Asla Register—Discrepancies in—Commissioner of Police directed to look into the anomalies in maintaining the Asla registers at the police stations.
[Para 36]
Indian Penal Code, 1860
Section 302—Murder by gun-shot—Conviction—Appellant a constable in Delhi Police—Exact time of death is not ascertainable—It is not proved that murder was committed when the appellant left the picket—No reliance can be placed on Asla Register as entries in the register shows major discrepancies in the manner of recording the issuance, carrying forward and return of arms and ammunition—In the absence of any investigation or evidence with respect to appellant procuring or using other cartridges, the prosecution has miserably failed in connecting the appellant with the weapon of the offence allegedly used—Even  there is no evidence on record to prove even an iota of any financial dispute between the two which could be the motive to commit the alleged offence—Prosecution has not been able to prove that appellant committed the murder of deceased beyond reasonable doubt—Conviction set aside.
[Paras 27 to 34]