State filed CRL.L.P. challenging acquittal of five accused in murder case. High Court upheld trial court's view that prosecution witnesses were contradictory and unreliable, dismissing the petition and upholding acquittal.
Petition dismissed; acquittal of accused affirmed; no orders as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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STATE NCT OF DELHI ..... Petitioner
Through: Ms Kusum Dhalla, APP for State with Inspector V.K. Sharma with SI Omveer Singh PS Nandnagri
versus
SACHIN AGGARWAL @ MINTU & ORS. ..... Respondents Through: None
CORAM: JUSTICE S.MURALIDHAR JUSTICE I.S.MEHTA
O R D E R % 12.12.2017
1.This is a petition by the State seeking criminal leave to appeal against the judgment dated 11th February, 2015 passed by the learned Additional Sessions Judge (‘ASJ’), Shahdara District, Karkardooma Courts, Delhi in Sessions Case No.07/14 arising from an FIR No.117/10 registered under Section 302/34 IPC at Police Station (‘PS’) Nand Nagri. By the impugned judgment, the Respondents/Accused i.e. A-1 to A-5 have been acquitted of the aforementioned offences.
CRL.L.P. 494/2015 Page 1 of 5
GTB Hospital from Durga Puri. Inspector Randhir Singh reached the spot i.e. Nathu Colony, Railway Crossing, Nand Nagri. There he found that SI Mohan Partap and SI Sanjay Kumar were already present. There was a large amount of blood lying near the railway track towards the side of Nand Nagri. On inquiry, Inspector Randhir Singh was informed that the injured had been taken to GTB Hospital by some unknown public persons. A motorcycle which was purportedly being driven by the deceased was found at the spot. However, Inspector Randhir Singh did not find any eye witness there.
CRL.L.P. 494/2015 Page 2 of 5
CRL.L.P. 494/2015 Page 3 of 5
presence of PW-1 at the hospital at 12.05 am could not be doubted – since the MLC of the deceased showed his presence - his presence at the spot when the incident took place was doubtful. The fact that he was one of the suspects and detained in the P.S and that his statements were recorded subsequently on 14th and 19th June, 2010 and the fact that he did not straightway go to the police to inform them of the incident. also added to these doubts.
CRL.L.P. 494/2015 Page 4 of 5
of the incident. The trial Court noticed that PW-3 kept prevaricating as regards the inquiries made by the police from him. If indeed he had seen all the accused persons with the deceased just prior to the incident, then without waiting for a formal call from the police to join the investigation he himself would have informed the police who came to the spot of all the facts. From his own testimony, he apparently knew all the accused persons living in the same area. Therefore, his identification of the accused persons in Court was not of much significance.
S. MURALIDHAR, J.
I.S. MEHTA, J.
DECEMBER 12, 2017
rd
CRL.L.P. 494/2015 Page 5 of 5
2 issues framed by the court
Whether Criminal Leave to Appeal should be allowed despite acquittal of accused based on unreliable prosecution witnesses.
Whether the evidence of prosecution eye-witnesses PW-1 and PW-3 is reliable to sustain the conviction.
1 provisions across 1 enactments
State NCT of Delhi
Sachin Aggarwal
S. Muralidhar
I.S. Mehta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
