Chandigarh: Appeal against ex-Dy Mayor, son’s acquittal in arms case dismissed
A local court has dismissed an appeal filed by the state against acquittal of former BJP councillor and Deputy Mayor Anil Dubey and his son Sanu Dubey in a case registered 11 years ago.
The police had registered the case against them on May 17, 2013, on a complaint filed by Mukesh Rai, a resident of Vikas Nagar in Mauli Jagran, for the offences punishable under Sections 336 of the Indian Penal Code and 27 of the Arms Act at the Mani Majra police station.
The complainant stated that he had some dispute with Anil Dubey, who was also a resident of Vikas Nagar, and had given a complaint to the police against him. Thereafter, talks for compromise were going on between them. Meanwhile, Sanu Dubey, along with another person, issued a threat to him. Later, the complainant, along with his friend and brother, went to Anil Dubey’s house to complain about his son. As they reached near the house, Sanu Dubey, who was carrying a double-barrel gun, fired a shot. Anil Dubey also took out a pistol and started abusing them.
After investigation, the police filed a challan against the two accused in the court following which charges were framed against them. The trial court acquitted both of them on December 14, 2017.
Aggrieved over the judgment, the state filed an appeal against it. The Additional Public Prosecutor for the appellant state argued that the trial court had wrongly acquitted the respondents of the charges framed against them.
AS Gujral, advocate for the respondents, argued that there was absolutely no illegality or infirmity in the judgment passed by the trial court and the respondents-accused were rightly acquitted. In fact, the prosecution had miserably failed to prove the charges framed against the respondents-accused. Admittedly, a cross-case was registered against the complainant on the statement of the respondent-Anil Dubey and the present case was registered by the complainant as a counterblast to the case.
After hearing the arguments, the appellant sessions court upheld the judgment of the trial court. The court said the prosecution failed to complete the chain of link evidence going to the root of the matter.
