STATE Vs. GAJINDER

JUDGEMENT

(1.) By way of this petition, the State has sought leave to appeal against the judgment and order of the learned ASJ dated 17 th February, 2011 in SC No. 50/2009. The respondent was charged with having committed an offence punishable under Section 302 IPC.

(2.) Briefly, the prosecution case was that the body of the deceased Seva Ram was discovered on 23 rd January, 2009 at about 9.00 a.m. in Iaspur Village near a Primary School. He was working as a driver. During the course of investigation, alleged the prosecution, it was learnt that the deceased was initially seen last in the company of the respondent and three others. It was also alleged that PW-13 last saw the deceased in the company of the accused at about 9.00 to 10.00 PM. Apparently, they were quarrelling on account of dismissal/termination of the deceased s services. The statements of various material witnesses were recorded under Section 161 IPC by the prosecution. The statement of PW-12, father of the deceased was recorded on 23 rd January, 2009 and whereas that of PW-13, the principal witness to the last seen theory alleged in this case was recorded on 24 th January, 2009. The respondent/accused was arrested subsequently on 29 th January, 2009 on the charge of having committed the murder of the deceased Seva Ram. The prosecution examined 23 witnesses.

(3.) The prosecution case before the trial court was that the evidence of PW-13 as corroborated by PW-12 as well as recovery alleged to have been made at the instance of accused/respondent pursuant to the disclosure statement recorded by him to the police. Apparently, blood-stained clothes and gupti (murder weapon) were recovered as a result of that proceeding. Upon consideration of these facts and statements of the parties, the trial court acquitted the respondent/accused of all the charges.