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DELHI HIGH COURT
AMIT SHARMA
State (Govt of NCT of Delhi) – Appellant
Versus
Manoj Kumar @ Meenu – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 2) |
| 2. arguments by both parties (Para 4 , 5 , 6) |
| 3. court's analysis of acquittal scope (Para 7 , 9 , 10 , 11) |
| 4. principle of acquittal appeals (Para 8) |
| 5. conclusion dismissing the appeal (Para 12 , 13 , 14 , 15) |
JUDGMENT
Amit Sharma J. The present criminal appeal under Section 378 (1) of Cr.P.C., has been instituted on behalf of the State assailing the judgment dated 29.11.2014 passed by Sh. Jitendra Mishra, Additional Sessions Judge-06, South East District, Saket Courts, New Delhi in Session Case No. 75/14, arising out of FIR No. 196/2012, under Sections 308/452/325/323/34 IPC, registered at PS Sarita Vihar, whereby the respondents herein were acquitted of the charges framed against them.
2. The brief facts leading to the filing of present appeal are as follows:
(a) As per the prosecution, on the intervening night of 16-17/06/2012 between 11.00 p.m. to 5.00 a.m., SI Virender Pakhare (PW-11) while he was on checking duty, received a wireless message that a quarrel had taken place at Kumhar Mohalla, Jasola Village. As he reached at the spot, he came to know that injured persons had been removed to the Trauma Centre at All I
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