STATE Vs. RAVI@ RAVINDER

JUDGEMENT

(1.) By this petition filed under Section 378(1) of the Code Criminal Procedure Code, 1973 (hereinafter referred to as 'Cr.P.C.'), the petitioner seeks grant of criminal leave to appeal to challenge the judgment dated 26.08.2011, passed by the learned Additional Session Judge-02 (South), Saket Courts, New Delhi, thereby acquitting the accused persons of the charge framed against them under Section 307 of Indian Penal Code, 1860.

(2.) The facts and circumstances which gave rise to the registration of the case against the accused person, as per prosecution, are that:

(3.) Addressing arguments in support of the present criminal leave to appeal, Ms. Richa Kapoor, Additional Public Prosecutor for the State submits that the learned Trial Court fell in grave error by not appreciating the testimonies of the eye witness (PW-1) and the injured witness (PW- 3), who in their respective depositions named these accused persons in committing the said crime. Learned APP further submitted that it is a settled legal position that because of any lapse on the part of the investigation agency, the accused persons shall not be given any benefit of doubt.