STATE GOVT OF NCT OF DELHI Vs. SONPAL

JUDGEMENT

(1.) The present appeal under Section 378 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') assails the impugned judgment and order dated 08.05.2017, rendered by the learned Trial Court in Sessions Case No.45016/2015, arising out of FIR No.237/2015, under Sections 307/34 of the Indian Penal Code, 1860 (for short 'IPC') Police Station- New Usman Pur, whereby Sonpal @ Sonu, the respondent-accused was acquitted of the charge framed against him under Section 307 read with Section 34 IPC.

(2.) Briefly encapsulated, the case of the prosecution was that, on 22.02.2015, complainant Lalit Vajpayee was taken to Jag Pravesh Chandra Hospital by SI James PW-8 at 06:00 p.m. The medical examination of Lalit Vajpayee revealed that, he had one 10cm x 6 cm lacerated wound over left side of his neck. Lalit Vajpayee, whose statement was recorded by ASI Mahinder Pal (PW-13) stated that, he was a TSR driver and had a quarrel, a year and half prior to the date of the incident with the respondent and had slapped him on that occasion. Lalit Vajpayee further stated that, on that day i.e. 22.02.2015 at about 05:00 p.m. when he was repairing the clutch wire of his TSR, opposite the shop of one Babloo (DW-1), the respondent came there along with two boys, one of whom was mentioned as Gunda and the other has remained unnamed; and after asking him as to why he had slapped the respondent earlier, stabbed him with "an iron sword type object", on his neck while his associates caught hold of him.

(3.) It is further the case of the prosecution that Lalit Vajpayee's brother, Amit Vajpayee (PW-10) reached the spot within 10-15 minutes of the incident and called the Police Control Room at No.100. It is further the case of the prosecution, as reflected in DD No.35A that at 06:40 p.m. the Police Control Room received a call from Amit Vajpayee (PW-10), brother of Lalit Vajpayee to the effect that [1]