STATE Vs. SURENDER & ORS.

JUDGEMENT

(1.) THE State, by this petition, seeks leave to appeal against the judgment and order of the learned Additional Sessions Judge dated 09.08.2010, whereby he acquitted the respondents/accused from the charge of having committed the offences punishable under Section -302/34 IPC.

(2.) THE prosecution case was that on 12.08.2005, Sukhbir Singh, the maternal uncle (mama) of PW -3 was accompanying him to E -Block, Relief Camp, where he resides, when at around 1:30 PM, the respondents stopped them and after holding out threat that he would not be left alive, started beating him. It was alleged that the respondent/accused Azad was armed with an iron rod, Somesh with a danda and Surender's role was spelt out as having caught the deceased. After receiving severe beatings, the Sukhbir Singh fell down. The accused/respondents left the spot. The prosecution alleged that intimation of the attack was received through a PCR message upon which the DD entry was made. The police reached the spot and after registering the FIR. carried out investigation. The accused were arrested and recoveries were made pursuant to the disclosure statement made by them. On the basis of the material, a charge sheet was filed alleging that the accused had committed the offences. On being charged, accused denied their involvement and entered the plea of not guilty, claiming trial. The prosecution examined 15 witnesses besides relying on several exhibits. By the impugned judgment and order the Trial Court acquitted the respondents.

(3.) THE Trial Court analyzed the ocular and documentary evidence placed before it. The impugned judgment discloses that the main reasons for acquitting the respondents/accused were: