IMPORTANT POINT
The court reaffirmed that in cases based on circumstantial evidence, the prosecution must establish a clear and conclusive chain of evidence to prove guilt beyond reasonable doubt.

JUDGMENT :

Pankaj Purohit, J.

Delay Condonation Application (IA No.1/2024)

There is delay of 107 days in preferring this appeal alongwith an application seeking leave to appeal; being sufficiently explained in the affidavit filed in support of the delay condonation application, the same is condoned. The application seeking condonation of delay stands allowed accordingly.

Special Leave to Government Appeal.

2. By means of this application, the State seeks to file the government appeal along with leave against the judgment and order dated 10.01.2024 passed by Learned IVth Additional Sessions Judge, District Haridwar in Sessions Trial No. 01 of 2019 (State vs. Sajid and Anr.) whereby the respondents have been acquitted of the offences punishable under Sections 302/34, 364/34 and 201/34 of IPC.

3. The facts of the case in brief are that complainant’s younger brother Sonu alias Parvez went out on his scooter on 02/07/2018 to have a shave but when he did not return the whole night they started looking for him. During that time Iqbal told that he had seen Sonu and accused Sadiq going towards Puljaatwada at around 10:50 PM on 2nd July. When they searched for the accused Sadiq he was not found at home. During the search itself Wajid told that he had seen Sonu standing with accused Sajid and accused Sadiq near rickshaw stand Jwalapur on Puljaatwada bridge at around 11 PM on night of 2nd July. On the basis of above information the case was registered as case crime no. 501/2018 on 07/07/2018 at police station Jwalapur, District Haridwar under Sections 302, 364 and 201.

4. The investigation officer conducted investigation of the case, recorded the statement of the witnesses and after inspecting the place of occurrence, prepared the site plan, inquest and sent dead boy for post mortem and on completion of investigation submitted a charge sheet under Section 302, 364 and 201 IPC in the court. The cognizance was taken against the accused/respondents and the case was committed to Learned Sessions Judge for trial.

5. The charges were framed on 30/03/19 against the accused/respondents under S. 302, 364 and 201 which they denied and claimed to be tried.

6. As many as eleven witnesses were produced by the prosecution to prove its case against the accused. They are PW 1 Shahrun, PW 2 Iqbal, PW 3 Wajid Ali, PW 4 Arshad, PW 5 Anish, PW 6 Constable Suman Lal, PW 7 Inspector Amarjeet Singh, PW 8 Dr. Pankaj Agarwal, PW 9 S.I. Vikas Rawat, PW 10 S.I. Sanjiv Thapliyal and PW 11 SHO Chandrabhan Singh and documentary evidence was exhibited by the prosecution witnesses.

7. Thereafter, the statement of accused/ respondent was recorded under Section 313 Cr.P.C. in which the accused stated the prosecution case to be false and stated that he was innocent but did not give any evidence in defence.

8. The trial court on conclusion of trial found that the prosecution could not prove the case against the accused/respondent beyond all reasonable doubt and it accordingly proceeded to acquit the accused/respondents as mentioned in Para 1 of this judgment. Hence, this government appeal with an application for leave to appeal.

9. PW 1 Shahrun reiterated the version of the FIR that his younger brother Sonu alias Parvez went out on his scooter on 02/07/2018 to have a shave but when he did not return the whole night they started looking for him. During that time Iqbal told that he had seen Sonu and accused/respondent Sadiq going towards Puljaatwada at around 10:50 PM on 2nd July. When they searched for the accused Sadiq he was not found at home. During the search itself Wajid told that he had seen Sonu standing with respondent/accused Sajid and respondent/accused Sadiq near rickshaw-stand Jwalapur on Puljaatwada bridge at around 11 PM on night of 2nd July.

10. PW 2 Iqbal on oath stated that on 02/07/2018 at around 11:45, he saw Sonu along with Sadiq going towards the Puljaatwada on his scooter. On the third day he got to know that Sonu has not returned to his home, he further got to know