STATE Vs. VINAY SINGHAL & ORS.

JUDGEMENT

(1.) THE State seeks leave to appeal against the judgment dated 18.07.2000 in Sessions Case No.191/96 whereby the Respondents (the accused) were acquitted of the offence punishable under Section 302/34 of the Indian Penal Code (IPC).

(2.) ON 17.09.1991 at about 6:45 AM on receipt of information from Lady Constable Manju, 2676 PCR, DD No.97 -B was recorded in Police Station Shahdara that a dead body was laying near a nala in Balbir Nagar Extension. SI Pratap Singh reached the spot and found that the dead body of a male, aged 40 years was lying in Army (Khakhi Green) color bedding. The dead body had several stab injuries. The identity of the dead body could not be established. The rukka Ex.PW -2/A was sent to the Police Station by the SI for registration of a case under Section 302/201 IPC.

(3.) PW -20 ACP S.L. Dua (IO) reached house No.1/5774, Gali No.14, Balbir Nagar since one pillow and one stripped bed sheet with some blood stains were found and seized by the IO. In the course of investigation, it was revealed that the deceased's wife Usha had illicit relations with the co -accused Vinay Singhal, and this used to be a constant source of quarrel between the deceased and Usha. PW -8 Arun Gupta informed the IO that on 16.09.1991 at about 11:30 PM when he returned to his house in Balbir Nagar in his TSR No.DL -1R -6352, he noticed the light in the deceased's room was still on. He went upstairs to find out from Vipin why the light was on at that odd hour. The door of the deceased's room was ajar and he noticed the deceased being held by accused Usha while Vinay Singhal was inflicting injuries on him.