STATE Vs. NAVEEN

JUDGEMENT

(1.) The State seeks leave to prefer an appeal by this petition against the judgment and order of learned Addl. Sessions Judge dated 19.10.2010 in SC No.82/2009 acquitting the Respondents (hereinafter referred to as 'accused') for the offences punishable under Section 304/34 IPC.

(2.) Briefly the prosecution case against the Respondent was that one Jagdish Prasad was attacked on 08.09.2007 at 10:30 P.M. when he had collapsed on a Chabutara in front of his house after dinner. The prosecution case concededly was that every family member was inside the house; it was alleged that victim had old enmity with Chinu who attacked him with some sharp edged object on hip, cheek and arm. Upon informing the police, the victim was taken first to DDU Hospital where the MLC Ex. PW-4/L was recorded. Subsequently, he was shifted to RML Hospital and again brought back to DDU Hospital. The prosecution relied on the testimonies of about 13 witnesses; primarily the material witnesses in this case were PW-1, PW-2 and PW-3. The victim died on 10.09.2007; the prosecution alleged that before his death, statement was recorded; same was produced in court and was sought to be proved; in that statement, he implicated that the Respondents have inflicted injuries upon him.

(3.) The Trial Court after considering the submissions of the parties, taking into account the material led before it, concluded that the Respondents were not guilty and the prosecution could not bring home the charges beyond reasonable doubt. Some of the material aspects, which in holding the impugned judgment were as follows: -