STATE Vs. VIJAY JAITLY

JUDGEMENT

(1.) This is an application seeking leave to file appeal against the judgment of acquittal passed by the learned Additional Sessions Judge, Jammu (hereinafter referred to as the 'trial Court') in file No. 31/Sessions titled 'State vs Vijay Jaitley'.

(2.) Having heard learned counsel for the applicant/State and perused the record, I am of the view that the applicant/State has failed to make out a case for grant of leave to file Criminal Acquittal Appeal.

(3.) From the reading of the judgment of acquittal, sought to be challenged by the State through the medium of Criminal Acquittal appeal clearly transpires that the story projected by the prosecution in the challan has not been substantiated by the evidence recorded by the trial Court during the trial. It is the case of the prosecution that on 6th July, 2008, the police of Police Station, City Jammu received an information that one Rajiv Sharma son of Om Parkash Sharma resident of Gali Malhotra, Jammu was admitted in Government Medical College Hospital, Jammu in an injured condition. The police rushed to the Hospital and recorded the statement of said Rajiv Sharma, who in his deposition, stated that when he saw the accused beating a coolie, he intervened and rescued him. And also asked the accused as to why he was beating him. On this, the accused inflicted a Toka blow on his head and injured him severely. Some people of the Mohalla came on spot and shifted him to the Hospital. On the basis of his statement, the police registered a case FIR No. 52/2008 for offences under Sections 307/323 RPC and 4/25 Arms Act in the Police Station and the investigation set in motion. After completion of investigation, the police presented the challan before the trial Court.