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2013 DAILYLAW 2757 (DEL)

State v. Salim @ Anwar

2013-09-20

Indermeet Kaur, Kailash Gambhir

body2013
JUDGMENT : Crl. M.A. NO. 14253/2013 (Condonation of delay in filing the accompanying leave petition) By this application tiled under Section 5 of Limitation Act read with Section 482 of Cr.P.C., the appellant is seeking condo nation of delay of 5 days in filing the accompanying criminal leave to appeal. For the reason stated in the application, the same is allowed and the delay of 5 days in filing the accompanying appeal against the impugned judgment is condoned. Application stands disposed of. Crl. L.P. No. 519/2013 1. By this petition filed under section 378 (3) of Cr.P.C., petitioner is seeking leave to appeal against the judgment/order dated 20th"April 2013 passed by learned Additional Sessions Judge, thereby, acquitting the respondents-accused from the charge of murder framed against them under Section 394/302 of IPC. 2. Addressing arguments for seeking leave to appeal, Mr. Pawan Sharma, Standing Counsel for the State submits that the learned trial court has completely glossed over the clinching incriminating evidence of recovery of the robbed money from the possession of the accused persons, which even contained the Indian currency notes leaving no manner of doubt about genuineness of the recoveries. Learned Standing Counsel (Cri) for State further submits that the learned trial court has also over looked the fact that not only the recovery of currency notes but recovery of articles which were belonging to deceased have come from the possession of the accused person soon after the incident certainly brings home the guilt to the accused persons. Learned Standing Counsel (Cri) for State further submits that the accused person’s failure in not offering any explanation to explain as to how they were in possession of the stolen articles and the robbed money and in the absence of any such explanation, the learned trial court ought not to have drawn the presumption under Section 114 of the Indian Evidence Act. Based on the above submissions, learned standing Counsel (Cri) for state has urged for grant of criminal leave to appeal to challenge the impugned judgment. 3. We have heard Learned standing Counsel (Cri) for State and perused the trial court record. 4. The case of the prosecution in brief is as follows:- "On 12.05.2010 an information was received by the Police Control Room.that somebody has' entered in house no. 4/1, Kalkaji Extension, New Delhi. 3. We have heard Learned standing Counsel (Cri) for State and perused the trial court record. 4. The case of the prosecution in brief is as follows:- "On 12.05.2010 an information was received by the Police Control Room.that somebody has' entered in house no. 4/1, Kalkaji Extension, New Delhi. The information was reduced in writing and the investigating, officer/inspector B.S. Rana reacnec at the spot. Sh. Anil Kumar Likhi' s/o Sh. Janak Raj Likhi in the mean time informed inspector B.S. Rana that the hands, legs and of his father are tied with clothes and is lying on the bed. IO enetered the premises of the house and opened the clothes of Mr. Janak Raj Likhi and immediately shifted him to-the Holy Famliy Hospital where he Was brought dead. IO returned to the place of occurrence for inspection and found that iron boxes and almirah were opened and the house was ransacked and around Rs.6000/- to Rs.7,000/- which the deceased was having were missing. Further on the statement of Mr. Anil Likhi, a FIR No. 240/2010 u/s 394/302 IPC was registered with at Police Station Kalkaji. Further accused Salim @ Anwar and Sonu were arrested on 14.05.2010. accused Debu Dass @ Bengali, Prem Babu and Sunny Kumar were arrested on 17.05.2010, Rs.2,715/-out of which Rs. 115/-(i.e. 1 note of Rs. 100, one note of Rs. 10/- and one of Rs. 5/-) were old Indian Currency notes were recovered from the possession of the accused Sonu.