STATE Vs. VINOD KUMAR YADAV

JUDGEMENT

(1.) BY the present Leave Petition filed under Section 378 (1) of the Code of Criminal Procedure, the State seeks leave to appeal against the judgment dated 17.03.2012 passed by the learned Trial Court in Session Case No. 30/10, whereby the respondent (accused before the Trial Court) was acquitted of the charge punishable under Section 302 of the Indian Penal Code.

(2.) THE facts of the case, as noticed by the learned trial court, are that on 05.11.2009 a dead body was recovered near Sonia Vihar water treatment plant; that the information was conveyed through wireless operator that a person had been shot; that SHO, Police Station - Khajuri Khas and Inspector Pankaj Sharma PW24 reached the spot and found lot of blood on the right side wall of the footpath and six empty cartridges along with one bullet led, one green cap, a pair of slippers, a wooden log and one bicycle lying there; that the victim had been taken to the Guru Teg Bahadur hospital in a PCR Van, where he was reported "brought dead"; that during the personal search of the victim at Guru Teg Bahadur hospital a pocket diary, few keys and a visiting card in the name of V.K. Cycles was recovered having the mobile numbers of PW2 Om Prakash and PW4 Mahendra Singh, who were called to the hospital; that PW2 Om Prakash identified the deceased as Rajab Ali, a rickshaw Puller and PW4 Mahendra Singh also identified the deceased as his tenant; that Rabia, wife of the deceased was also called, who identified the dead body of her husband and suspected that the respondent may be responsible for the murder of her husband; that an FIR No. 312/09 under Section 302 of Indian Penal Code was registered on 05.11.2009 against the respondent; that the respondent was arrested on 16.11.2009 and during investigation, he confessed his guilt; that on completion of investigation, the prosecution filed chargesheet under Section 302 of the Indian Penal Code against the respondent.

(3.) TO bring home the guilt against the respondent, the prosecution examined 25 witnesses in all. Statement of respondent was recorded under Section 313 of Code of Criminal Procedure by the learned Trial Court wherein he claimed to be innocent and denied all prosecution charges and examined 8 witnesses in his defence.