STATE OF NCT OF DELHI Vs. HAZARA SINGH

JUDGEMENT

(1.) The State has, by this Petition, sought leave to appeal against a judgment and order of the learned Additional Sessions Judge dated 18.01.2010 in S.C. No. 410/2006, by which the three accused (hereafter referred to as "the respondents") were acquitted of the charge of having committed offences punishable under Section 302/392/397 IPC.

(2.) The prosecution case is that on 12.08.2005 Lakhbir Singh (the deceased) with his family members was present at his house, A-31/D, Deepak Vihar, Nagloi and that at about 08:30PM PW-1 Gurpreet Singh (son of the deceased) came out of the house and saw that one of the two bicycles parked outside their house was missing; he went inside and informed the deceased about this. The deceased and PW-2 Sharabjeet Kaur (daughter of the deceased) went out and saw three boys taking away the bicycle; on seeing the deceased they threw the bicycle and started running. The deceased caught hold of one of the boys and they started grappling. The deceased was stabbed with a knife and all the boys ran away. The police was informed on No. 100 and a PCR van took the deceased to Sanjay Gandhi Memorial Hospital where he was declared brought dead. On the basis of PW-1's statement an FIR bearing No.812 of 2005 was registered. All three accused were arrested. Hazara's disclosure led to recovery of a knife, which was used in the commission of the offence and the shirt he was wearing at the time of the incident. It was alleged that Accused Sonu Singh's statement led to recovery of the shirt he was wearing at the time of the incident and a wrist watch belonging to the deceased. A charge was framed against the accused persons under sections 392/34 IPC. Accused Hazara Singh and Sonu Singh were also charged under section 302/34, 397/34. They pleaded not guilty and claimed trial.

(3.) The prosecution examined 25 witnesses and relied upon several exhibits. The Trial Court, after considering the same and after recording the statement of the respondents under Section 313 Cr.PC concluded that the prosecution was unable to bring home the guilt of the respondents beyond reasonable doubt and, therefore, acquitted them of all charges.