STATE Vs. MANMOHAN SINGH

JUDGEMENT

(1.) THE instant petition under Section 378(4) of the Cr.P.C. has been filed seeking leave to appeal against the judgment dated 7th August, 2009 passed by the learned Additional Sessions Judge in S.C.No.56/01 acquitting the respondent of the charge of commission of offence under Sections 302/309 of IPC for which he stood trial.

(2.) INFORMATION was stated to have received by the Police Station Keshav Puram at about 7:45 am by a lady constable � Mukesh from the PCR of a quarrel at C-7/247, Lawrence Road, Delhi which was recorded as DD No.2A (Ex.PW16/A). It is in evidence that the very first information regarding the incident was given to the police control room by one Sharanjeet informing the police that one person having a muffled face at about 5:30 am had come after jumping a wall and caused the incident with a kirpan. Pursuant to receipt of the telephonic information, PW31 �

(3.) IT is in evidence that the informant Sharanjeet had given his telephone number in the information given to the police control room. The police however, took no steps at all to verify the above information given by Sharanjeet nor was he examined as a witness. In this regard, the testimony of PW-11 � Ashish, a neighbour of the respondent and the deceased deserves to be mentioned. PW-11 has deposed that on 8th May, 2001 when he was present in the house, an aunty who lived in his neighbourhood had told him that the respondent was crying and his clothes were blood stained. PW-11 stated that at his request, his friend had telephoned the police from his telephone. PW-11 also deposed that the respondent was at that time drenched in blood and was requesting that the police be called.