STATE Vs. NAUSHAD

JUDGEMENT

(1.) By this petition filed under Section 378(1) Cr.P.C., the petitioner seeks Criminal Leave to Appeal to challenge the order of the acquittal dated 16.04.2012 passed by the learned Additional Sessions Judge-01, North East, Karkardooma Courts, New Delhi thereby acquitting the respondent/accused person of the charges framed against him under Sections 302 IPC read with Sections 25/27/54/59 of the Arms Act.

(2.) Addressing arguments in support of criminal leave to appeal, Mr.Dayan Krishnan, Additional Standing Counsel for State, submits that the chain of circumstantial evidence is complete in the present case, which clearly traces the guilt of the accused but yet the learned Trial Court has passed the order of acquittal. Learned ASC also submits that the weapon of offence was also recovered at the instance of the accused Naushad and even blood stained clothes of the accused were found at the scene of the crime and therefore, the prosecution has established its case beyond any reasonable doubt to prove the guilt of the accused person. Learned ASC further submits that the most incriminating evidence against the accused is that the body of the deceased was recovered from the tenanted room, which was indisputably in possession of the respondent/ accused person.

(3.) Based on the above submissions, learned Additional Standing Counsel for the State submits that this is a fit case for the grant of criminal leave to appeal so as to challenge the said order of acquittal.