State of NCT of Delhi v. Sandeep & Ors

G.S.SISTANI, J

SANGITA DHINGRA SEHGAL, J MARCH 18, 2016 msr

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.L.P. 93/2016 % Judgment dated 18th March, 2016 STATE OF NCT OF DELHI ..... Petitioner Through : Ms.Aashaa Tiwari, APP for the State. versus SANDEEP & ORS ..... Respondents Through : NEMO CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL CRL.M.A. 2440/2016 1. By the present application, the petitioner seeks condonation of 45 days' delay in filing the present criminal leave to appeal petition. 2. Heard. For the reasons stated in the application and in the interest of justice, present application is allowed. Delay in filing the present criminal leave to appeal petition is condoned. Let criminal leave to appeal petition be taken on record. Application stands disposed of. CRL.L.P. 93/2016 3. By the present criminal leave to appeal petition, filed under section 378 of the Code of Criminal Procedure, the state seeks leave to appeal against the judgment dated 15.09.2015 passed by learned Additional Sessions Judge, Tis Hazari Courts, Delhi, in Sessions Case No. 26/3/14, whereby the respondents (accused before the trial court) were acquitted of the charges punishable under section 302/392/411/34 of the Indian Penal Code. 4. The facts of the case, as noticed by the learned trial court, are as under: "On 04.08.2009 after receiving DD No. 14A, Insp. Ghanshyam alongwith Ct. Ashok reached at H-3/305, Himgiri Construction Office, 3rd floor, Lal Market, Vikar Puri. There, he met with ASI Prem Singh alongwith Ct, Surender and Jitender Gujral and complainant was also present there. A dead body of his peon namely Nandan Yadav @ Chotu was also lying on the Northern side of the office near a chair and the neck of Nandan Yadav was strangulated with rope/wire. The statement of complainant Jitender Gujral Ex.PW-1/A was recorded who stated that he is a contractor by profession having his office at H-3/305, Lal Market, Vikar Puri and 10-12 persons are working over there including Nandan Yadav @ Chotu as Peon. Complainant stated that Nandan Yadav used to Open the office in the morning and used to close in the evening and on 03.08.2009, Jitender Gujral left the office at about 05.00 p.m. and his cousin Pritam Chand Arora left the office at 07.00 p.m. after directing Nandan Yadav to close the office. He stated that at 09.25 p.m., Amit who is working in his office made a telephone call and told him that the office was open and after receiving this call, he reached his office and found that peon Chotu was murdered by someone by strangulating him. He checked his office and found Rs.1,28,000/- and Rs.30,000-35,000/- missing from his office." 5. On 20.08.2009, all three respondents, namely, Sandeep, Manish Tulli and Mithun, were arrested. Based upon a disclosure statement, the locker, which was stolen from the office of the complainant, was got recovered. Further a total sum of Rs.41,000/- was recovered at the instance of all the three respondents herein. After investigation a chargesheet was filed against the respondents under Section 302/392/411 of the Indian Penal Code read with Section 34 of the Indian Penal Code to which they pleaded not guilty and claimed trial. 6. To prove its case and to bring home the guilt of the respondents, the prosecution has examined 15 witnesses. The respondents opted to lead evidence in their defence and examined 4 witnesses. The material witnesses are PW-1, Jitender Gujral, and PW-12, Amit Kumar, as according to the prosecution they had last seen the deceased, Nandan Yadav @ Chotu, in the company of all the three respondents sometime prior to the incident. 7. Ms. Aashaa Tiwari, learned Additional Public Prosecutor, contended that the Trial Court had committed a grave error in holding the respondents not guilty of the offence under section 302/392/411 read with Section 34 of the Indian Penal Code. Counsel further contends that the impugned judgment is erroneous and unsustainable, which would result in miscarriage of justice and, thus, the same is lia