STATE Vs. SUBHASH SHIVA & ORS.

JUDGEMENT

(1.) Crl. L.P. No. 9/2006

(2.) THE State seeks leave to appeal against the judgment dated 29.08.2005 passed by learned Metropolitan Magistrate whereby the accused persons namely Subhash Shiva, Raj Kumar Arora and Siddharth International Hotels (India) Ltd., (respondents herein) were acquitted in case FIR No. 20/1986 under Section 304 -A IPC, PS Vasant Vihar. In brief, the case of the prosecution is that on the night intervening 22/23.01.1986, a fire broke out in Siddharth International Hotel, Vasant Vihar and in the fire 37 persons died whereas 39 persons suffered injuries. Initially, the FIR was registered under Section 436 IPC but later on substituted to Sections 304 -A and 337 IPC.

(3.) DURING trial, prosecution examined 30 witnesses. PWs -31 to 33 were tendered for cross examination without getting their examination -in -chief recorded.