STATE OF NCT OF DELHI Vs. DAMODAR SINGH

JUDGEMENT

(1.) THIS is a petition under Section 378(1) of the Code of Criminal Procedure, 1973 seeking leave to appeal against the judgment dated 7.10.2011 passed by learned Additional Sessions Judge (East) , FTC, Karkardooma Courts, Delhi, acquitting the Respondent for the charges under Section 302/404 IPC.

(2.) DEAD body of one male with gunshot injuries was found near Sabzi Mandi, near House No. B -453 on 26.2.2010. The deceased had a bullet entry wound on the chest and exit wound on the back. Photographs of the scene of crime and chance finger prints were obtained. The dead body was later identified to be that of Dinesh Prasad. First Information Report No. 75/2010 was registered at Police Station, New Ashok Nagar.

(3.) WE have gone through the Trial Court records, evidence and the testimonies. Jagdish Prasad (PW2) uncle of the deceased, deposed that he had asked one of his cousin Sanjay to send the deceased Dinesh, his nephew, with some money. The deceased came to him at about 9:30 P.M. on 25.2.2010, with the Respondent. The Respondent had worked with Narender (PW -10) for some time as a painter. The Respondent and the deceased went to purchase liquor; and thereafter, they and PW -10 sat on a cot and had liquor at 11:30 P.M. in front of the room of Jagdish Prasad (PW -2) . The deceased had taken his food with the Respondent and subsequently the deceased also took his bedding outside. PW -2 thereafter went to sleep. At about 2.00 -2:30 A.M., PW -2 got up for attending to the call of nature, but did not notice the deceased on the cot outside. PW -2 went back to sleep sensing that the deceased may have slept somewhere else. Next morning, he got up at 08:00 A.M. and inquired about the deceased. He had sent PW -10 to the house of the Respondent. PW -2 was informed by PW -10 that on enquiry from the wife of the Respondent, he (PW -10) had learnt that the Respondent had not returned home last night.