RAJESH DAHIMA Vs. STATE OF NCT

JUDGEMENT

(1.) State seeks leave to appeal against the judgment dated November 09, 2012 whereby the respondents Praveen Kumar@ Sonu, Shiv Kumar@ Tony and Kulwant Singh have been acquitted of the charge for offence punishable under Section 302/120B IPC. Praveen Kumar has been convicted for offence under Section 25 Arms Act challenging which he has filed a separate appeal being Crl.Appeal No.354/2013.

(2.) The case of the prosecutions rests on the circumstantial evidence. An information was received at PS Bawana regarding a dead body lying in the fields of Village Nangal Thakran, Kanjhawala-Nangal Road, Delhi on March 27, 2010. ASI Surender Singh and Constable Nirmal reached the spot where a farmer Mahavir took them to the field where a dead body was lying head downwards and blood was lying on the ground. Besides the dead body were lying empty Royal Stag Whisky bottle and two plastic glasses. Crime Team was summoned to take photographs and finger prints. There was a deep wound on the back of the neck of the dead body. In the meantime Mahavir Singh s/o Maman Singh identified the body to be of his nephew Manish. On the basis of statement of Mahavir Singh rukka was sent on which FIR No.74/2010 was registered under Sections 302/34 IPC.

(3.) Mahavir Singh stated that his other nephew Sandeep told him that the deceased Manish had gone with accused Praveen and Shiv Kumar in their Santro Car on March 26, 2010. The Investigating Officer recorded the statement of Sandeep as well who stated that he along with his friend Mahesh @ Jony had gone to Dada Dev Akhara in the village on March 26, 2010 at 7.00 PM. From there, they along with Manish went to Auchandi Boarder for drinking. After taking drinks Manish called accused Shiv Kumar on his phone at Auchandi border. Accused Shiv Kumar and Praveen came there in Santro Car No.HR-29H-0777 and Manish accompanied them.