STATE Vs. SONU SHARMA AND ORS.

JUDGEMENT

(1.) By the present Leave Petition filed under Section 378 of the Code of Criminal Procedure, the State seeks leave to appeal against the judgment dated 05.09.2014 passed by the learned Trial Court in Session Case No. 94/1, whereby both the respondents (accused before the Trial Court) were acquitted of the charge punishable under Sections 452/34 of the Indian Penal Code and respondent no. 2 Suresh @ Suri was also acquitted of the charge punishable under Sections 307/34 of the Indian Penal Code and the respondent no. 1 was convicted under Section 307 of the Indian Penal Code.

(2.) The facts of the case, as noticed by the learned trial court, are that DD No. 6-A was recorded at Police Station Maurya Enclave on 31.07.2012 at about 06.20 a.m. quarrel at GP Block Jhuggi, Pitampura and the contents of that DD were telephonically informed to SI Kuldeep for taking necessary action; that accordingly SI Kuldeep collected the MLC of the injured Ranjay from Baba Ambedkar Hospital and he was opined to be unfit for statement; that on the statement of the informant i.e. Durga Devi who claimed to be an eye witness to the incident, rukka was prepared and a case was registered under Sections 307/452/34 of the Indian Penal Code; that on 01.08.2012, accused Ashok and Akash were apprehended in the presence of their parents as they were found to be juveniles and thereafter they made their statements and were produced before the Learned Principal Magistrate, JJB and were sent to Observation Home; that on 29.08.2012, respondent no. 1 Sonu Sharma @ Chikna had surrendered before the court in some other case FIR No. 42/06, PS Paschim Vihar under Section 25 of Arms Act and thereafter he was arrested in the present case FIR No. 195/12, PS Maurya Enclave under Sections 307/452/34 of the Indian Penal Code; that thereafter respondent no. 1 made disclosure statement and pointed out the place of occurrence and weapon of offence i.e. the knife was recovered by him; that respondent no. 2 also surrendered before the court on 28.09.2012, thereafter he was arrested and made disclosure statement; that on completion of investigation, the prosecution filed chargesheet under Sections 307/452/34 of the Indian Penal Code against both the respondents.

(3.) To bring home the guilt against the respondents, the prosecution examined 13 witnesses in all. Statements of both the respondents were recorded under Section 313 of Code of Criminal Procedure by the learned trial court wherein they pleaded not guilty and claimed trial.