STATE (NCT OF DELHI) Vs. GOPAL

JUDGEMENT

(1.) Present criminal leave petition has been filed under Section 378(1) Cr.P.C. by the State, challenging the judgment dated 06th September, 2018 passed by Additional Sessions Judge-II, North-West Rohini Courts, acquitting the respondents under Sections 307/34 IPC in Sessions Case No.629/2017 in FIR No.1147/2016 registered with police station Mangolpuri under Sections 307/341/34 IPC.

(2.) The trial Court while acquitting the accused persons has held, "it is the case of the defence that the complainant sells smack in G block, Mangol Puri, Delhi and he uses the said park for dealing in smack and due to this, people of the locality were annoyed with him and they had given beatings to him which resulted in injuries to him. In the background of the criminal antecedents of the victim, his unreliable testimony and the contradictions therein, it cannot be ruled out that the version of the defence may be true."

(3.) Ms. Aashaa Tiwari, learned APP for the State contends that the trial Court failed to appreciate that the victim (PW5-Joginder @ Gattu) had correctly identified the accused persons in Court by name and had also mentioned the role played by each of the accused persons in inflicting injury upon him. She further contends that the testimony of the victim (PW5) of having received injuries at the hands of the accused persons with knife had been corroborated by medical evidence wherein stab injuries were mentioned and were opined to be grievous in nature.