STATE Vs. JAI KUMAR DAS

JUDGEMENT

(1.) THE State seeks leave to appeal, by these two petitions, against the common judgment and order of the learned Sessions Judge dated 11.05.2004 in Sessions Case No.71/2000 and Sessions Case No.72/2000. By the said judgment, the Respondent Jai Kumar Das was acquitted of the charges of committing offences punishable under Section 224 and 302 of the Indian Penal Code (IPC).

(2.) THE prosecution allegation was that the Respondent had been interned in the beggars home at Kingsway Camp (premises being known as ,,Sewa Kutir) for one year. One Manoj Kumar (hereinafter referred to as "the deceased") was also serving an identical sentence at that time. THE deceased was allegedly stabbed by the Respondent with a piece of glass in his abdomen; the injury resulted in the death of Manoj Kumar. THE prosecution further alleged that the Respondent allegedly escaped from Sewa Kutir and was apprehended by the PCR van in the vicinity of Police Station Civil Lines, near the Exchange Store at around 3:27 A.M. on 19th August, 1998. THE prosecution claims that the Respondent admitted to his guilt and complicity in the death of Manoj Kumar. After completion of the investigation, the Respondent was charged with committing offences mentioned previously in the judgment. He entered the plea of not guilty. THE prosecution led its evidence in the form of about 23 witnesses ? so far as the charge pertains to the offence of murder; and 6 witnesses as for as the charge pertained to the offence punishable under Section 224 IPC. After considering these depositions and the material on record, the Trial Court concluded that the accused/Respondent was not guilty and acquitted him of all the charges.

(3.) ONE of the circumstances which led the trial Curt to hold the Respondent not guilty to the charges was inordinate and unexplained delay in lodging of the FIR. The Trial Court recorded, materially, in this regard that :-