STATE Vs. SANJAY KUMAR & ORS

JUDGEMENT

(1.) This is an appeal by the State against the impugned judgment dated 20th May 2000 passed by the learned Additional Sessions Judge, Delhi in SC No.20/2000 arising out of FIR No.59/1997 registered at PS Narela, Delhi, acquitting the respondents of the offences punishable under Sections 302/324/452/34 IPC and Section 25 Arms Act.

(2.) At the outset, it is required to be noticed that there were three accused sent up for trial, i.e. Sanjay Kumar (A-1), his father Sri Krishan (A-2), and his brother Pawan Kumar (A-3). During the interregnum between the pronouncement of the trial Court judgment and the filing of the present appeal by the State, Sri Krishan (A-2) expired on 9th April 200 The appeal against him therefore stood abated as noticed by this Court in its order dated 10th February 2003. The appeal was admitted qua Sanjay Kumar (A-1) and Pawan Kumar (A-3).

(3.) Today when the appeal was taken up for hearing, none appeared on behalf of the Respondents, i.e. A-1 and A- Nevertheless, this Court has heard the submissions of Mr. Hirein Sharma, learned APP for the State and has also perused the trial Court record. Case of the prosecution