STATE Vs. KHEM SINGH AND ORS.

JUDGEMENT

(1.) By the present petition, State seeks leave to appeal against the judgment dated October 24, 2011 passed by the learned ASJ acquitting the respondents of the charge under Section 302/34 IPC.

(2.) In nutshell, the prosecution case is that D.D. No. 6 was recorded at PP Nihal Vihar on July 29, 2004 at about 11.20 A.M., regarding a dead body lying at the marriage hall of village Nilothi. On the police reaching the spot they found a dead body having only the undergarments on it with a blood socked pant lying nearby over the roof of the said marriage hall. Bankey Lal, the resident of the said village met at the spot and got recorded his statement. He stated that he was running a nursery in the Farm House of one Rajender and was also working as Gardner in Kamal Public School. His cousin Tej Pal the deceased was also selling plants after taking the same from the said nursery as a street hawker. Tej Pal was residing with one Gambhir Singh for about 4-5 days at the nursery and thereafter he started residing at the nursery in Village Nilothi along with Khem Singh. According to Bankey Lal, on July 28, 2004 at about 9 P.M. Tej Pal took his cooler from the Gambhir Singh and kept the same with Khem Singh and at about 10 P.M. Tej Pal was in the marriage hall with the person who used to sleep there. Tej Pal was addicted to drinking. The complainant identified the body at the spot to be of Tej Pal, however he did not know who murdered Tej Pal on the said night.

(3.) Thereafter, the statement of eye witness Ram Shanker (PW-4) was recorded who stated that Tej Pal was killed by Gambhir Singh and Khem Singh. On the arrest of Gambhir Singh and Khem Singh, pieces of handle of the hand pump were recovered.