STATE OF NCT OF DELHI Vs. JAMIL @ KALU

JUDGEMENT

(1.) CRL .M.A. No.13360/2012 (for condonation of 85 days delay in filing the petition) In view of the averments made in the application, the delay of 85 days in filing the petition is condoned. Application stands disposed of. CRL.L.P. 385/2012

(2.) THIS criminal leave to appeal has been filed by the State seeking to lay a challenge to the judgment of acquittal dated 31.01.2012 vide which both the accused persons Jamil @ Kalu and Sunil Bihari (being tried as the other two co-accused had not been arrested) had been acquitted of the charge under Section 302 IPC levelled against them for having committed the murder of deceased Santosh @ Guttar.

(3.) STATEMENT of the witnesses was recorded. On the following day i.e. on 09.4.2010 the accused Jamil was arrested. Pursuant to the disclosure statement of accused Jamil, he got recovered one blood stained danda from the bushes located at the railway track leading towards Sadar Bazar. The doctor had opined that the danda could have caused the fateful injuries upon the victim. The danda was also sent to the FSL. Another circumstance against the accused was the blood stained clothes of Jamil (worn by him at the time of the incident) and the DNA detected on these clothes matched the DNA of the deceased. The second accused Sunil Bihari was arrested on 20.5.2010 pursuant to a disclosure statement made by him in another case (FIR No.71/2010).