JUDGMENT :

Dhananjaya Y. Chandrachud, J.

1. In Sessions Case 9 of 2005, four accused were put up for trial, inter alia, for the commission of offences punishable under Section 302 read with Section 34 of the Indian Penal Code 1860,¹[“IPC”] and Section 25 of the Arms Act 1959. The criminal case arose out of FIR No 59 dated 15 February 2005 lodged at PS Civil Lines, Sonepat, which was committed upon the filing of the charge-sheet, for trial to the Sessions Court by an order dated 6 June 2005 of the Additional Chief Judicial Magistrate, Sonepat. The petitioner - Sandeep alias Kala was tried as the second accused. By a judgment dated 1 September 2006, the Additional Sessions Judge, Sonepat held that the prosecution had established the guilt of two of the accused, Arun (A-1) and Sunil (A-3), beyond reasonable doubt and held them guilty of offences under Section 302 read with Section 34 IPC. The Additional Sessions Judge, however, acquitted the petitioner (A-2) and Ravi Kant (A-4). The Additional Sessions Judge made the following observations while acquitting the petitioner and Ravi Kant :

“43. Thus, the plea of alibi set up by accused Ravi Kant is corroborated by the inquiry conducted by t