STATE Vs. PAWAN @ HAWALDAR

JUDGEMENT

(1.) The State by this Criminal Leave Petition, under Section 378(1)(a) of the Code of Criminal Procedure, seeks leave to appeal against the judgment dated 27.08.2015 passed by the learned Additional Sessions Judge -04 (North), Rohini Courts, Delhi in Sessions Case No. 84/1/2014 thereby acquitting the respondent under Section 302 of the Indian Penal Code.

(2.) The necessary and relevant facts, as projected by the prosecution, are that on 26.05.2012 PW2 Manoj while returning from his work saw the accused quarelling with his brother Virender @ Kalu (since deceased) when PW2 Manoj proceeded towards them to resolve the issue, accused took out a knife and stabbed into the chest of the deceased and when PW2 Manoj tried to save his brother, accused ran after him with knife in his hands on which PW2 Manoj was petrified and ran towards his house. PW2 Manoj narrated the entire facts to his father PW1 Karam Singh. Both PW1 and PW2 along with few persons of the locality rushed towards the spot but on their way they noticed that one rickshaw puller had dropped the dead body of the deceased. Body of the deceased was brought home and PCR was called. Body of the deceased was removed to the hospital where he was declared brought dead. On the complaint of PW2 Manoj, FIR was registered. On secret information, accused was arrested on 28.05.2012 from inside F -Block Park near Mangolpuri flyover. Accused confessed to his guilt in committing the alleged murder. Weapon of offence i.e. one dagger type knife having blood stains was recovered at the instance of the accused.

(3.) The charge sheet on completion of the investigation was presented before the Court. On committal of the case, the Trial Court framed the charges against the accused for the offence punishable Under Section 302 of the Indian Penal Code. As the accused pleaded not guilty, he was tried for the aforesaid offence. In order to establish the guilt of the accused, the prosecution examined as many as 20 witnesses. The statement of the accused under Section 313 of Code of Criminal Procedure was also recorded. No evidence was led on behalf of the accused.