STATE GOVT OF NCT OF DELHI Vs. NARESH

JUDGEMENT

(1.) This judgment will dispose of a petition by which the State seeks leave to appeal against the judgment of the Ld. Additional Sessions Judge dated 11.05.2001 in SC No.263/07 by which the Respondents were acquitted of the charge of having committed an offence punishable under Section 302/34 IPC.

(2.) The prosecution story is that on 17.01.2006 at about 2.57 P.M. a Daily Diary (DD) entry No.16 was received at Police Post SGM Hospital, PS Mangol Puri about a stabbing incident near S-300 Park, Mangol Puri MCD School. It was alleged that SI R.K.Mann reached the spot and was informed that injured had been taken to SGM Hospital and 3-4 boys had run away after injuring the individual. He thereafter, reached the hospital and secured the MLC of an unknown person in which he had been declared brought dead . Finding no eye witness at the spot or at the hospital, SI R.K.Mann prepared the rukka and lodged the FIR.

(3.) The prosecution further alleged that subsequently Manoj @ Chiggal and Ct. Rajbir of police station Mangol Puri came forward and stated that they had seen both the Respondents causing injuries, with a knife and a cricket bat on the victim. Their statements under Section 161 Cr.P.C. were recorded. Their statements were the basis of apprehension of both the Respondents. It is further alleged that the Respondents made disclosure statements and got the weapons of offence i.e. knife and cricket bat recovered. IO recorded statements of various witnesses; sent the exhibits to FSL, collected the FSL reports, and on completion of investigation filed a challan against the Respondents.