STATE Vs. ARUN KUMAR

JUDGEMENT

(1.) THE State seeks leave to appeal against a judgment and order of the learned Additional Sessions Judge, dated 22-03-2011, in SC No. 98/2008, acquitting the respondent of the charges of having committed the offences punishable under Sections 394/397/302/34 IPC.

(2.) THE prosecution alleged that during the night intervening 20th and 21st October, 2003, the respondent/accused Arun Kumar, with the co-accused Rahul (not arrested, and declared a PO) in furtherance of their common intention, robbed Narain Singh (the deceased) of Rs.4,000/- and inflicted fatal injuries on him. THE deceased used to work as a night watchman in the employment of Sanjeev Kumar (PW-6) owner of a fishery tank or pond, falling in the jurisdiction of PS Nangloi.

(3.) THE main witnesses on behalf of the prosecution were PW-3, Surender, (neighbor of PW-6, at whose farm Rahul used to work) and PW-6, the accused?s employer. In the cross examination of PW-3, what emerges is that he knew the deceased only by face, and that the latter had told him that he belonged to Nepal. PW-6 affirmed that both Rahul (the PO) and the deceased were employed by him as watchmen, in his fishery; he testified about becoming aware of some quarrel in his premises. This witness went there, and found the deceased?s body, and informed the police. He deposed having told the police that he had disbursed wages the previous day (19-10-2003) and having paid the deceased Rs.4,000/-. PW- 6 stated that Arun Kumar, the respondent, had introduced Rahul and that he too was missing after the murder of Narain Singh.