STATE OF NCT OF DELHI Vs. RAKESH

JUDGEMENT

(1.) Crl. M.A.19421 /2011 (U/S 5 of the Limitation Act)

(2.) During the investigation, SI Munishi Singh (PW-13), on receipt of Daily Diary (DD) entry No.21-A (Ex.PW3/C) recorded on 06.02.2009 at 3:15 P.M. reached the spot and summoned the crime team. Rakesh, Phool Singh and Bhagwan Singh, in-laws of the deceased, were arrested. Inspector Sukhdev Singh Meena recorded statements of the witnesses conversant with the facts and sent the body for post mortem examination. PW-12 (Dr.B.N.Mishra) conducted the post-mortem. The accused Chanderkanta and Anita were arrested subsequently. After completion of the investigation, the police filed a charge-sheet against the accused for committing the offences. They were duly charge-sheeted and brought to trial. To prove the charge, the prosecution examined fourteen witnesses. In their statements under Section 313 Cr.P.C. the accused denied their involvement in the crime and pleaded false implication.

(3.) After appreciation of the evidence on record and considering the rival submissions of the parties, the Trial Court acquitted the accused. Aggrieved with the said orders, the State has sought leave to appeal against the acquittal.