STATE Vs. SALIM @ ANWAR & ORS.

JUDGEMENT

(1.) By this application filed under Section 5 of Limitation Act read with Section 482 of Cr.P.C., the appellant is seeking condonation of delay of 5 days in filing the accompanying criminal leave to appeal. For the reason stated in the application, the same is allowed and the delay of 5 days in filing the accompanying appeal against the impugned judgment is condoned.

(2.) BY this petition filed under Section 378 (3) of Cr.P.C., petitioner is seeking leave to appeal against the judgment/order dated 20th April 2013 passed by learned Additional Sessions Judge, thereby acquitting the respondents -accused from the charge of murder framed against them under Section 394/302 of IPC. Addressing arguments for seeking leave to appeal, Mr. Pawan Sharma, Standing Counsel for the State submits that the learned trial court has completely glossed over the clinching incriminating evidence of recovery of the robbed money from the possession of the accused persons, which even contained the Indian currency notes leaving no manner of doubt about genuineness of the recoveries. Learned Standing Counsel (Cri) for State further submits that the learned trial court has also overlooked the fact that not only the recovery of currency notes but recovery of articles which were belonging to deceased have come from the possession of the accused person soon after the incident certainly brings home the guilt to the accused persons. Learned Standing Counsel (Cri) for State further submits that the accused person's failure in not offering any explanation to explain as to how they were in possession of the stolen articles and the robbed money and in the absence of any such explanation, the learned trial court ought not to have drawn the presumption under Section 114 of the Indian Evidence Act. Based on the above submissions, learned Standing Counsel (Cri) for State has urged for grant of criminal leave to appeal to challenge the impugned judgment.

(3.) THE case of the prosecution in brief is as follows: -