STATE Vs. MOHD. SWALIN

JUDGEMENT

(1.) This order will dispose of the State's petition for leave against the judgment and order of a learned Additional Sessions Judge dated 30.03.2010, acquitting the Respondent (hereafter referred to as "Swalin) in this case.

(2.) The prosecution's allegations were that on 10.11.2004, information was received about a stabbing incident in House No. 490, Gali No. 22, Jafrabad at P.S. Seelam Pur and recorded in D.D. No. 27A. On reaching the spot, ASI Subhash Chand along with Constable Upender came to know that the injured has been taken to G.T.B. Hospital. The said policemen reached that hospital and obtained a copy of a Medico Legal Certificate (MLC) bearing No. 84069/04 of injured Abdul Wali. According to the certificate, injured was fit to make a statement; he was kept under observation. The MLC indicated that the injury was caused by a blunt object. Apparently, there was no eye witness to the incident.

(3.) On 14.11.2004, Inquiry Officer (hereafter referred to as IO), PW-7 recorded the statement of injured Abdul Wali who deposed later as PW-2. The said witness stated that he was permanent resident of Nai Basti, Jilla Badau and presently residing in House No. 490, Gali No. 22, Jafrabad on rent. He further stated that he was running a shop and engaged in selling jackets at Road No. 66, near Welcome Bridge. According to him on 10.11.2004 at about 9:00 PM, he had gone to the factory of Khalid Bhai at Gali No. 22, Jafrabad for collecting jackets. He alleged that some boys were misbehaving with Khalid Bhai, when he intervened, one of them, (whose identity was known and revealed by Khalid Bhai as "Kabutarwale Ka Ladka" residing in Gali No. 23, Jafrabad), threatened him and also demanded money upon which Abdul Wali intervened. The accused then took out a "churi" and inflicted a blow on PW-2 and removed Rs. 7500/- from his pocket and fled from the spot. PW-2 also deposed that he could identify other three boys if they were shown to him. He claimed to have been admitted in G.T.B. Hospital and, therefore, gave his statement on 14.11.2004 as he was perturbed and unwell before that. The prosecution alleged that after considering the Medico Legal Opinion, an FIR under Section 394/397/34 IPC was registered on 18.11.2004. It was further alleged that upon enquiry, it was revealed that the Respondent was the "Kabutarwale Ka Ladka" referred to in PW-2's statement. It was further claimed that despite search, the accused could not be arrested and on 24.11.2004, Swalin surrendered in Court. Charges were framed on the basis of the report furnished by the police, on 4.8.2005.