STATE Vs. RAKESH

JUDGEMENT

(1.) THE State seeks leave to appeal against the judgment dated 09.08.2010 in Sessions Case No.09/07 whereby Respondent Rakesh (the accused) was acquitted of the charge under Section 302 IPC. THE facts of the case can be extracted from paras 2 to 7 of the impugned judgment which are reproduced as under:

(2.) IN order to bring home the guilt of the accused, the prosecution examined 17 witnesses. PWs 1 and 2 are Kiran's brothers who were called by PW-4 Balwant on the statement of Suraj (the deceased and the accused eldest son) that his mother had been stabbed by his father (the accused). Examination of PW-4 (Balwant) is very small and straight which is extracted hereunder:

(3.) PW-2 Vijay Kumar corroborated PW-1 Sushil's testimony. He deposed that he, and his brother went to the accused's house on a bicycle. Sushil opened the door and saw the accused inflicting knife blows on their sister. He deposed about the deceased's removal to Din Dayal Upadhyaya Hospital.