MOHIT GUPTA Vs. VIKRAM

JUDGEMENT

(1.) The applicant, who is brother of the deceased has filed the present application under Section 378(4) of the Code of Criminal Procedure for grant of leave to appeal against the judgment dated 31.3.2017 passed by the learned Sessions Judge, Jhajjar.

(2.) Vide impugned judgment, the trial Court acquitted the accused-Vikram @ Bakra, the sole respondent herein, of the charges under Sections 377 and 302 IPC.

(3.) According to the prosecution, on 11.4.2014, an information was received on telephone in Police Station City, Bahadurgarh to the effect that dead body of a person was lying in Indira Park, near the office of Fire-Brigade. Accordingly, ASI Narender Kumar, alongwith fellow officials, reached the said place where the applicant was found present, who got his statement recorded that he was running a grocery shop at Railway Road, Bahadurgarh and his brother Mukesh was working a courier. On 10.4.2014, at about 7.30/8.00 p.m. Mukesh left his house for roaming but did not return home during the night. Search was effected and in the morning his dead body was found in Indira Park, Bahadurgarh. There was a baniyan on his body, whereas the remaining clothes, i.e. shirt, pant and underwear were found lying nearby. Several injury marks were there on his face. Some stones and bricks were also lying near the dead body. Mukesh had been killed by someone by causing injuries with bricks and stones. Said Mukesh was aged about 35 years and was unmarried. He was having no enmity with anyone. One empty bottle of liquor, three empty glasses and one empty bottle of cold drink were lying near the dead body. It appeared that Mukesh had been murdered after being administered some intoxicating substance in liquor.