STATE Vs. NARENDER ALIAS BHOLU

JUDGEMENT

(1.) THE State by the present petition seeks leave to appeal against a judgment and order of the learned ASJ dated 17.02.2004 in State v. Dhananjay & Others. By the impugned judgment, the Trial Court convicted one of the six accused and acquitted others (who are respondents in this petition).

(2.) THE prosecution allegations were that on 18.04.2001, one Sunil, who used to work with a gas agency M/s. Gemini Enterprises, was entrusted with Rs. 75,000/- by his employers. He apparently took it and was riding a bicycle. THE prosecution alleged that the accused/Respondents as well as the convicted accused (Dhananjay) went alongside Sunil and fired a bullet at him. THE further allegation was that money was robbed. THE prosecution sought to implicate the accused on the alleged confessional statements made by the Respondents Narender @ Bholu and Parveen, who were arrested along with Dhananjay on 22.04.2001 in connection with another case at Rohtak. THE prosecution further alleged that some recoveries were made in this case, which included two guns one of 3.5 bore (at the behest of Narender) and the other, a Countrymade .32 bore pistol (at the behest of Parveen).

(3.) THE State had sought leave to file appeal against the acquitted Respondents, urging that the Trial Court failed to consider material evidence against them. Importantly, it was urged during the hearing today that the significant incriminating circumstance as to the use of the pistol which caused vital injuries upon the deceased Sunil the firearm having been recovered at the instance of Parveen, ought to have been duly given weightage. It was urged that this infirmity is substantial enough for the Court to grant leave.