STATE Vs. SAMEER @ ALLAUDIN

JUDGEMENT

(1.) The present petition under section 378(1)(b) read with section 378(3) of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed by the State (NCT of Delhi) seeking grant of leave to appeal against judgment dated 31/01/2020 rendered by the learned Additional Sessions Judge-03, North East, Karkardooma Courts, Delhi in SC No. 03/2017 arising from case F.I.R. No. 625/2016 registered under section 302 of the Indian Penal Code, 1860 ('IPC') and sections 25 and 27 of the Arms Act, 1959 ('Arms Act') at P.S.: Khajuri Khas, Delhi. By way of the impugned judgment, the learned trial court has been pleased to acquit the accused/respondent of all charges, being of the opinion that the prosecution had failed to prove its case against the accused beyond reasonable doubt.

(2.) Mr. Ashish Dutta, learned Additional Public Prosecutor, appearing on behalf of the State has taken us through the impugned judgment as also through the evidence, both oral and documentary, that has come on record during the course of the trial. The essential case of the prosecution against the accused respondent was that on 24.08.2016 the accused shot at one Firoz in a factory; and the latter subsequently died.

(3.) We have carefully examined the evidence on record and we find that :