STATE Vs. B.RAJ SHARMA & ORS.

JUDGEMENT

(1.) Notice of this petition Crl.L.P. No.74/2016 seeking leave to appeal and seeking condonation of delay in institution of the appeal was issued to the respondents in terms of order dated 9th February, 2016, pursuant to which the respondents have put in appearance. The delay of 21 days in institution of the Criminal Leave to Appeal petition was condoned vide order dated 22nd March, 2016 whereby Criminal Leave Petition was allowed. The trial court record having been requisitioned, has been received, perused and considered.

(2.) Through Criminal L.P. No.74/2016 which is treated to be one under Section 378(3) of the Cr.P.C, the State has sought leave to file an appeal against the impugned judgment dated 16th September, 2015 of the Additional Sessions Judge-II, Rohini Courts in State Case No.67/2012 in relation to FIR 95/12 registered at Police Station Mukherjee Nagar, whereby, respondents No. 1 and 2, Sh.B. Raj Sharma S/O Sh. B. Shahi Sharma, i.e., the husband of the deceased (Smt.Reena Goyal) and Ms. Chanchan D/o Sh. B. Shahi Sharma (Sister of respondent No.1 Sh. B. Raj Sharma and sister-in-law of the deceased Reena Goyal) were acquitted in relation to the alleged commission of offences punishable under Section 498A/304B of the IPC, 1860 and also for the alternative charge framed on 4th September, 2012 under Section 302/34 of the IPC, 1860.

(3.) Arguments were addressed on behalf of the State by the learned Additional Public Prosecutor Ms.Aashaa Tiwari and on behalf of respondent Nos. 1 and 2 by Mr.Jitender Sethi, the learned counsel for respondent Nos.1 and 2.