STATE Vs. OM PRAKASH

JUDGEMENT

(1.) The State has instituted the present appeal under section 378(4) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C') assailing the impugned judgment dated 14.02.2011, in Session Case No. 47/08, arising out of FIR No.98/06, registered at Police Station Mehrauli; whereby the learned Trial Court has, acquitted the accused Om Prakash, the respondent herein, of the charges framed against him under section 302/363/376/201 Indian Penal Code (hereinafter referred to as 'IPC') 1860.

(2.) The case of the prosecution as elaborated by the trial court is briefly encapsulated as follow: -

(3.) In order to establish the guilt of the accused, the prosecution has examined 19 witnesses in all. Statement of the accused was recorded under section 313 of Criminal Procedure Code, (hereinafter referred to as 'Cr.P.C'), 1973, wherein he denied the case of the prosecution in toto and pleaded not guilty.