STATE OF DELHI Vs. RAFIQ AHMED

JUDGEMENT

(1.) THE application for leave to appeal has been made seeking leave of the Court for filing the appeal against the judgment of learned ASJ dated 24.5.2004 whereby he reversed the order of learned ACMM dated 2.2.01. THE judgment of learned ACMM has been reversed on the ground of insufficiency of evidence and on the ground that the trial Court could not have taken judicial notice of postmortem and MLC. It is a case where due to negligent handling of fire arm by the accused/respondent, deceased died of bullet injury. I consider that the appeal raises important question whether negligence can be proved by a person who was present at the spot and has witnessed the entire episode irrespective of other evidence and this application deserves to be allowed. I, therefore, allow this application. THE appeal is admitted and be numbered. List this appeal for hearing at its own turn.