STATE Vs. CHATURBHUJ SINGH

JUDGEMENT

(1.) The present leave to appeal by the State questions judgment dated 20th July, 2007 passed in Sessions Case No.40/2010 arising out of FIR No.114/2006 Police Station Kashmere Gate. By the said judgment, respondent Chaturbhuj Singh has been acquitted from the charge under Section 304 Indian Penal Code, 1860 (IPC). The respondent was charged for culpable homicide not amounting to murder by firing and killing from his rifle Sarvesh Sapra on 9th March, 2006 at about 3.15 p.m.. It is an undisputed position and the prosecution case is that the respondent was posted as a security guard at Punjab and Sindh Bank, Kashmere Gate Branch, Delhi on the said date and was doing his duty at that time.

(2.) The reasoning given in the impugned judgment reads;-

(3.) There is ample evidence and material to show that deceased Sarvesh Sapra had gone to the bank in question along with the passbook of Amarjeet Maurya, who has appeared as PW-11.Amarjeet Maurya (PW-11) deposed that he had an account in the said bank and had deposited Rs.30,000/- in his account on 21st February, 2006, but had left the pass book with the computer operator to make entries.