STATE Vs. SARVAN @ SANJU

JUDGEMENT

(1.) The impugned judgment dated 18th February, 2015, acquits Sarvan @ Sanju from the charge that he along with his associates Firoz and Dharmender (not arrested and proclaimed offenders) had committed murder of Rakesh in the intervening night between 3rd and 4th May, 2013 at platform Nos.6 and 7 of New Delhi Railway Station. It is alleged that deceased Rakesh has suffered homicidal death as he was hit by a heavy stone and other objects and was made to lie on the railway line as a result of which, he was run over by a train.

(2.) The impugned judgment records and accepts that the deceased Rakesh may have suffered homicidal death in view of the post mortem of Rakesh marked Ex.PW4/A proved by Dr. S. Lal (PW4), which records ante mortem injuries in the form of lacerated wounds and bruises. Dr. S. Lal (PW4) has also affirmed crushed injury on the left upper limb of the middle arm. The cause of death was shock due to cranio-cerebral damage consequent upon blunt object injury on the head, which was sufficient to cause death in ordinary course of nature. This injury, PW4 opined, was ante-mortem in nature. The other words, the crush injuries were post-mortem i.e. after Rakesh had died.

(3.) On the question of involvement of the respondent, the prosecution charge sheet relies and is predicted on the testimony of one eye witness i.e. Deepak (PW18). The trial court in the impugned judgment has elucidated and given several reasons as to why the said witness is not trustworthy and should not be relied for convicting the respondent. We have examined the said grounds and find that the reasoning and findings recorded by the trial court do not require interference. The elucidation by the trail court is meritorious and credible.