LAWS(DLH)-2013-10-403

STATE OF NCT OF DELHI Vs. SURINDER SINGH

Decided On October 24, 2013
STATE OF NCT OF DELHI Appellant
V/S
SURINDER SINGH Respondents

JUDGEMENT

(1.) BY this petition filed under Section 374(4) Cr.P.C., the State seeks leave to appeal against the judgment and order dated 03.10.2011 passed by the learned Addl. Sessions Judge -02 (SE), Saket Courts, New Delhi whereby the respondent/accused was acquitted of the offence punishable under Section 307 IPC and Section 27 of the Arms Act.

(2.) NOTICE of the leave petition was issued to the respondent, who has entered appearance through his counsel.

(3.) MR .Vikas Kumar, learned counsel appearing for the respondent submitted that the injury being not on vital parts of the injured, even the basic ingredients of Section 307 IPC are not satisfied. He further submitted that the material independent eye witnesses have not supported the case of the prosecution. Hence, the impugned judgment passed by the learned Trial Court does not suffer from any illegality or perversity. Referring to the statement of PW -9 Mayank Lakhani, he further submitted that it was a case where in the scuffle an attempt was made to snatch the pistol from the respondent when the fight took place. Hence, the finding of the learned Trial Court acquitting the respondent/accused further proves his innocence.