G. P. Mittal J.

CRL.M.A. 3586/2012 (delay)

1. The application is not opposed by the learned counsel for the respondent. For the reasons as stated in the application, the delay of 41 days in filing the leave to appeal is condoned.

2. The application is accordingly allowed.

CRL.L.P. 162/2012

3. The State seeks leave to appeal against the judgment dated 08.02.2011 passed by the learned Additional Sessions Judge (ASJ), Rohini in Sessions Case No.725/2006 whereby the respondent (accused before the trial court) was acquitted of the charges punishable under Section 302 Indian Penal Code (IPC).

4. As per the prosecution version, on 16.04.2006 DD No.37-A was recorded in Police Station Jahangir Puri at 11:35 P.M. to the effect that one Manjeet Singh @ Bunty (the deceased) son of Balvinder Singh has been found in an injured condition. The DD was assigned to SI Vijay Singh (PW-17) who then reached the hospital. He obtained the MLC No.19470 of earlier said Manjeet Singh from the doctor which revealed that he (the deceased) was admitted to the casualty in a gasping state with alleged history of assault. At the time of admission, the doctor noticed a CLW 2 cm x 1 cm over right chest. The inju