STATE Vs. SUSHIL

JUDGEMENT

(1.) Present appeal has been filed under Section 378(3) of the Code of Criminal Procedure, 1973 ('Cr.P.C.') against the judgment dated 28.03.2007 passed by the Additional Sessions Judge: Fast Track Courts, Rohini ('Trial Court') in Sessions Case No. 02/2006 arising out of FIR No.359/1993 PS Samaypur Badli under Section 302/307/34 of the Indian Penal Code, 1860 ('IPC') whereby all the accused persons/respondents herein have been acquitted. Initially the State had filed a Petition seeking Leave to Appeal being Crl.L.P. 188/2007, which was allowed vide order dated 16.11.2007 and the case was converted into a regular appeal.

(2.) The case of the prosecution as noticed by the Trial Court reads as under:

(3.) The chargesheet was filed before the Trial Court and after hearing the parties, charge was framed on 16.09.1999 against the accused Sushil/respondent No.1 under Section 302 IPC and later on 09.11.2005, charge was framed against the other two accused persons/respondent No. 2 and 3 under Section 302/34 IPC. All the respondents pleaded not guilty and the case proceeded to trial. When the matter was listed before the Trial Court for final arguments on 14.03.2007, an additional charge was ordered to be framed against the accused Ashok/respondent No.2 under Section 307 IPC and against the other two accused persons/respondent No. 1 and 3 under Section 307/34 IPC.