(1.) The State seeks leave to appeal against the judgment and order of the learned Addl. Sessions Judge dated 25th May, 2011 in SC No. 72/2008. By the impugned judgment, the Trial Court acquitted the respondent/accused of the charge of having committed an offence punishable under Sec. 302/34 IPC.
(2.) The prosecution case before the Trial Court was that on 12.12.2007, information was received through Control Room of Police Station Mangol Puri regarding a firing incident near A/B Block, Subji Mandi. The DD entry was made and the same was assigned for investigation. On reaching the spot, Inspector Mahesh Kumar discovered that the incident had occurred at Street No. 1 at the corner of House No. B -30. Empty cartridge and some blood were found at the spot. The said Inspector also discovered that the injured had been taken to SGM Hospital. The other police officers also reached the spot; investigation thereafter proceeded in a fair and routine manner. Inspector Mahesh Kumar along with other Constables recorded the statement of Ravinder Kumar PW -2, who claimed to be an eye witness as well as brother -in -law of the injured i.e. Naresh, who subsequently died. His statement recorded under Sec. 161 Cr.P.C. formed the basis of the FIR. During the investigation, the prosecution also relied upon the statement of another alleged eye witness (PW -3). After collecting necessary materials, the chargesheet was filed in the Court. On the basis of statement of PW -2, the FIR was registered. The respondent was charged with committing the crime to which the respondent/accused pleaded not guilty and claimed trial.
(3.) The co -accused, who stood trial along with the appellant, i.e. Balbir @ Fauzi, died during the proceedings. After considering the materials on record, the Trial Court concluded that the prosecution has been unable to bring home the respondent's guilt beyond reasonable doubt.