STATE OF NCT OF DELHI Vs. FARUKH

JUDGEMENT

(1.) THE State seeks leave to appeal against a judgment and order of the learned Additional Sessions Judge dated 28.03.2011 whereby the respondents/accused were acquitted for the offences punishable under Section-302/147/148/149/307, IPC.

(2.) IT is alleged that the police was informed at 10:58 PM on 5.4.1995 through PCR intimation about an incident in Muslim colony Chatterpur by which several people were injured. The concerned SHO reached the spot; the intimation was handed over to PW-11 SI Dharamvir who proceeded to the place of incident in the street opposite Farukhs shop. IT was stated that the police were unable to find any eye witness and were told that the injured had been taken to AIIMS. The police met the injured i.e. Gulshan, Niazuddin, Momin and Qayyum, who received serious injuries; he was declared unfit for making the statement; the others, however, were fit to record statements. Momins statement was recorded as Ex.PW-1/A which forms the basis of the FIR.

(3.) DURING the course of the proceedings before the Trial Court, the prosecution examined 11 witnesses including the testimony of the Doctor who conducted the postmortem and also relied upon the documents.