STATE OF NCT OF DELHI Vs. PARVEZ

JUDGEMENT

(1.) THE State, by the present petition seeks leave to appeal against a judgment and order of the learned Addl. Sessions Judge dated 30.01.2009 in S.C. No. 95/2007, whereby the respondents were acquitted of the charges of having committed offences punishable under Sections 302/34 IPC read with Sections 27/54/59 of the Arms Act.

(2.) THE prosecution allegation was that on 10.04.2003, to an information, recorded as D.D. No. 6/A, policemen proceeded towards a school Khadde Wala, Gali No. 11, Chauhan Banger, where they found a body of an unknown male on a Takhat. THE police noticed marks of dragging of body and foot prints; the dead body had stab wounds. On subsequent inquiry, it was discovered that the dead body was that of Kamruddin; it was identified by his father and cousin. THE police collected material evidence in the form of blood samples, earth trail etc. and prepared a site plan and carried-on investigation. THE police alleged that further investigation was done by the Station House Officer (SHO) on 12.04.2003 in the morning with SI Ajay Kumar. One Yaseen was interrogated. It transpired that he was a complainant in a pending case against the deceased. THE police alleged that in the evening, one HC Ram Niwas came from Banda, UP along with Chowkidar Maan Singh, who deposed in the case as PW-7, and his brother-in-law Jagroop and engineer Gajraj Singh. THEir statement was recorded under Section 161 Cr.PC. On the basis of these statements and the identification by Maan Singh, the respondents/accused were arrested and charged of the offence. THE prosecution alleged that certain recoveries were made pursuant to the Disclosure Statements made by the accused.

(3.) THE State seeks leave alleging that the evidence on record, particularly, the testimonies of PWs-5 and 7 were sufficient to return a finding of conviction. In this regard, it is submitted that even though PW-7 was declared partly hostile, his examination-in-chief was sufficient to implicate the respondents for having committed the offence. It was urged that the totality of circumstances, which unraveled themselves before the Court showed that the respondents were seen first by PW-5 around 09.30 pm and subsequently PW-7 was able to testify that he was last in the company of the accused. Learned APP urged that these are sufficient grounds for the Court to conclude that there are substantial and compelling reasons.