STATE Vs. LAKHAN ALIAS RAJU ALIAS F GAJINDER

JUDGEMENT

(1.) By this petition filed under Section 378 Cr.P.C., the petitioner is seeking leave to appeal against the order dated 2 nd December 2011 passed by learned Additional Sessions Judge, Fast Track Court, Rohini, Delhi, thereby acquitting the respondent from the charges framed against him under Sections 396/412 & 302/34 IPC.

(2.) As per the prosecution case, on the intervening night of 15/16.09.1996, Kumari Diksha was sleeping in her house with her parents and younger brother in the same bed room. At about 3.00 a.m. she heard noise of her mother and woke up and saw someone beating her father. One of the assailants was beating her father with a wooden balli and the other assailants were putting the stolen property in a bag. It was due to the beating by the assailants that her parents were killed. It was stated by Kumari Diksha that she saw one of the assailants standing at the door of the bedroom of their house.

(3.) To prove its case, the prosecution examined 22 witnesses and on completion of prosecution evidence, the statement of accused under Section 313 of Cr.P.C. was recorded wherein the accused/respondent pleaded his innocence and false implication. In defence, accused- Respondent had examined Manohar (DW-1).