STATE OF NCT OF DELHI Vs. MONU

JUDGEMENT

(1.) The petitioner, by way of this petition, is seeking leave to appeal against the impugned judgement of acquittal dated 30.05.2015 passed by Learned Additional Session Judge-Fast Track Court (North West) Rohini, Delhi in FIR No.270/2011 under Sections 302/307/34 Penal Code registered at Police Station Subhash Place.

(2.) The case of the prosecution as noticed by the Trial Court is that complainant Sohaib along with his cousin Dulare (son of his mausi) had gone towards Samrat Chowk on 07.07.2011 at about 11:00 p.m. for taking ice-cream. They reached the ice-cream cart but ice-cream seller was not there, so they started waiting for him. In the meanwhile, respondent Monu along with Mohd. Arif (juvenile offender) came there, respondent Monu all of a sudden gave a strong slap on the face of Sohaib and abused him without any reason. Respondent Monu along with co-accused Mohd. Arif then took both of them to a nearby place, accused Mohd. Arif took out one knife from his dub and attacked Dulare and gave him a forceful blow in his abdominal region. In the meanwhile, Sitare (real brother of Dulare) also reached there for his rescue. Thereafter, respondent picked a brick from the road and caused injuries to Sitare by hurling the same towards him. Sohaib took both the injured brothers to their house situated at I-581, Shakurpur Delhi, lot of public persons gathered there and someone informed the police. Police reached there and took both the injured to Bhagwan Mahavir Hospital. PW-26 SI Sandeep Kumar reached the hospital and on the statement of the complainant Sohaib, the case was registered under Sections 307/34 Penal Code vide FIR No.270/2011.

(3.) After registration of the FIR, investigation was carried out, the respondent was apprehended and the weapon of offence was also recovered.