STATE Vs. SANJAY @ POCHY & ANR

JUDGEMENT

(1.) The State seeks leave to appeal against the judgment and order dated 13 th October, 2010 passed by the learned Addl. Sessions Judge in SC No.6/08, whereby the respondents/accused namely Sanjay and Vijay Pal were acquitted for the charges punishable under Section 307/34 IPC.

(2.) The case relates to the incident which occurred on 01.10.2006 at 5:45 PM at Sangam Vihar, New Delhi. The Police apparently received intimation that someone had received knife injuries and had been rendered unconscious near House No.250, Block L-1. ASI Vijender Singh was assigned the enquiry of the case; he reached the hospital and found the victim Veer Singh(PW-1) fit for statement. After collecting the MLC of the victim (proved as Ex. PW-3/A), the Police proceeded to investigate the incident and after conclusion of the proceedings, charged the respondents along with one Suresh for the offences mentioned previously.

(3.) According to the prosecution, another assailant one Bengali @ Chhotu was also involved in the incident; however he could not be arrested and was accordingly declared a proclaimed offender (P.O) by the Trial Court. He did not stand the trial. The present respondents/accused denied the charges and claimed trial. After considering the materials on record and the testimonies of the prosecution witnesses, the Trial Court acquitted the present respondents/accused and convicted accused Suresh for the offence punishable under Section 307 IPC.