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2019 Supreme(Del) 68

SIDDHARTH MRIDUL, SANGITA DHINGRA SEHGAL
State – Appellant
Versus
Vijay – Respondent


Advocates Appeared:
For the Petitioners: Ms. Radhika Kolluru, APP for state.

JUDGMENT :

SANGITA DHINGRA SEHGAL, J.

1. By this petition under Section 378 (1) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') filed against the judgment of the Trial Court dated 22.09.2018 passed by Learned ASJ, Dwarka Court, in case FIR No. 48/2017, at Police Station Sagar Pur by which the accused was acquitted of the charge under Section 307 of Indian Penal Code (hereinafter referred to as ‘IPC’).

2. The factual matrix from which the present proceeding arises are being adumbrated as follows:

“Adumbrated in brief the case of prosecution is that on 26.03.2017 at about 12 noon at House no.6, Gulia Enclave, behind Anaj Mandi, Najafgarh, Delhi, the accused inflicted injuries by knife upon person of Ranjit Yadav. Accused was arrested on 26.03.2017, produced in court on 27.03.2017 and remanded to judicial custody and since then he is in judicial custody.”

3. After completing the investigation, a charge sheet was filed. The accused was charged with offence under Section 307 of IPC to which he pleaded not guilty and claimed to be tried. The prosecution in order to bring home the guilt of the accused, examined as many as of 08 witnesses including an eye witness





























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