STATE Vs. SANJAY @ KHALLU

JUDGEMENT

(1.) Crl.M.A. No.5787/2012 (condonation of 53 days delay) 1 In view of the averments made in the application, the delay of 53 days in filing the leave to appeal is condoned. Application is allowed. CRL.L.P. 238/2012

(2.) The State has filed the present leave to appeal to assail the judgment dated 16.12.2011 vide which the learned Additional Sessions Judge had acquitted the respondent of the charged offence under Sections 302/201/34 Indian Penal Code (IPC).

(3.) The version of the prosecution was unfolded in the first DD which was recorded in the local police station at the Lodhi Colony on 02.4.2002 at about 6.30 PM which was to the effect that one Rajesh aged 38 years, 5 feet 2 inches in height had left his house on 01.4.2002 in an esteem vehicle accompanied by his neighbor Binnu aged approximately 27 years and they have since then not returned. In spite of efforts to locate them they could not be located. On 03.4.2002 Jagbir Singh also lodged a missing report about his son Binnu who had allegedly accompanied the deceased Rajesh. An FIR under Section 365 of the IPC was accordingly registered.