THE STATE Vs. ARIF

JUDGEMENT

(1.) Feeling aggrieved by the result of the Sessions case No. 49/2011 arising out of report submitted under Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.) on conclusion of investigation into FIR No. 130/2010 under Section 302 read with 34 of Indian Penal Code, 1860 (IPC) of police station New Usmanpur, the State (Government of NCT of Delhi) has submitted this petition under Section 378 Cr.P.C. seeking leave to appeal. The challenge brought through the petition at hand is to the correctness of the judgment 16.02.2015 of the Additional Sessions Judge, North East, Delhi whereby the respondent herein was acquitted of the charge of he, along with three others (including a juvenile) in furtherance of their common intention, having committed the murder of one Ramesh Kumar @ Dada at about 7/7:15 PM on 21.04.2010 in the area of Yamuna Khadar in the vicinity of Khajuri red light within the jurisdiction of police station New Usmanpur.

(2.) The delay of 54 days in filing as well as delay of two days in refiling is condoned and the petition of leave to appeal is taken up for consideration.

(3.) The learned Additional Public Prosecutor for the State at the time of making submissions has taken us through the trial court record in entirety. It reveals that the FIR was registered on 24.04.2010 on the basis of rukka (Ex.PW-1/B) sent by ASI Satya Pal (PW-2). The matter under inquiry with PW-2 till that stage had arisen out of DD No. 11A (Ex.PW-2/A) recorded in the police station at 10:40 AM on 22.04.2010. It appears from these documents that a dead body had been found lying in a wooded area close to power station in the vicinity of Khajuri red light. The information appears to have been received by the local police through Police Control Room (PCR) on an input seemingly given by some public person. The source of this input was never identified.