STATE Vs. SULTANI & ORS

JUDGEMENT

(1.) The respondents herein (the second respondent having been mis-described in the memo of parties) were sent up for trial on the basis of report ("charge-sheet") under Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C) dated 23.05.2001 submitted on conclusion of investigation into first information report (FIR) no. 170/2000 of police station Chandni Mahal for offences punishable under Sections 452/354/506/308/34 of Indian Penal Code, 1860 (IPC). The Metropolitan Magistrate, before whom the charge-sheet was submitted on 19.07.2001, having taken cognizance and issued process, the respondents stood summoned and their presence having been secured, after due compliance with requirements of Section 207 Cr.P.C. They were eventually brought before the court of Sessions, the case (sessions case no. 172/2001) having been registered upon committal. The three respondents were put on trial on the basis of charges framed on 01.02.2002 for offences under Sections 452/34, 308/34 and 506/34 IPC against each of them, additional charges under Section 451 IPC and Section 354 IPC having been framed against third respondent. Upon the conclusion of trial, the Sessions Court rendered its decision, by judgment dated 25.03.2004, holding that the respondents were entitled to the benefit of doubts and, thus, directing them to be acquitted of all charges.

(2.) The State (the appellant), feeling aggrieved, instituted criminal leave petition no. 74/2004. Leave was granted, after due notice and opportunity for hearing to the respondents, by order dated 17.01.2005, in the wake of which directions, the present appeal (Crl. Appeal no. 64/2005) was registered.

(3.) Arguments on both sides have been heard at length with the assistance of the learned counsel and trial court record has been perused.