STATE Vs. PRADEEP KUMAR

JUDGEMENT

(1.) THE State by this Criminal Leave Petition No. 492/2014, under Section 378(3) of the Code of Criminal Procedure, seeks leave to appeal against the judgment of the learned Additional Sessions Judge (hereafter called "Trial Court") dated 26.05.2014 in Sessions Case No. 42/2011 thereby acquitting the respondent under Section 302 of the Indian Penal Code.

(2.) THE brief facts of the case, as alleged by the prosecution are that, on 26.04.2011 at 7am DD No. 7 was recorded in police station Harsh Vihar on an information received that a quarrel had taken place between husband and wife. PW -13 HC Harkesh who was on duty was given this DD call and on reaching the spot he found that victim had suffered burn injuries and had already been taken to the GTB Hospital. Statement of the victim was recorded by HC Harkesh as Ex.PW -13/A. Doctor had recorded his opinion on MLC that victim was fit to give her statement and PW -2 SDM Sh Vipin Garg also recorded the statement of victim as Ex. PW -2/A. On the statement of the victim, FIR under Section 307 of the Indian Penal Code was registered as Ex.PW7/A. On 30.04.2011 victim Smt. Parvesh died in hospital and offence under Section 302 of the Indian Penal Code was added. Post mortem on the dead body was conducted and investigation was carried out.

(3.) TO bring home the guilt of the respondent and to prove its case the prosecution examined 22 witnesses.