RAJ PAL SINGH Vs. RAJVEER

JUDGEMENT

(1.) The appellant is the original complainant who by preferring this appeal, seeks to call in question judgment and order dtd. 10/10/2012 of the High Court of Allahabad in Criminal Appeal No.8119 of 2007, whereby the High Court set aside the judgment and order of conviction dtd. 23/11/2007 passed by the Court of learned Additional District Judge, Ghaziabad in Sessions Trial Case No.291 of 1997 against the Respondent Nos. 1 to 3 herein for the offence under Sec. 302 read with Sec. 34 of the Indian Penal Code, 1860 and sentencing them to life imprisonment with imposition of fine of Rs.1,50,000.00 each and in default to undergo further imprisonment for two years.

(2.) As the High Court acquitted the respondent Nos.1 to 3, the appellant-complainant is aggrieved.

(3.) The appellant-complainant happens to be the father of one Praveen Kumar serving as a captain in the Indian Army, when Praveen was allegedly murdered by the Respondent Nos. 1 to 3. The prosecution story runs to state inter alia that one Major Adjutant Akash Johar wrote a letter on 31/5/1996 to the District Magistrate, Ghaziabad mentioning about the hardships faced by the appellant concerning the family dispute regarding the division of land with appellant and his brother - uncle of the victim Praveen, Dharam Pal - Respondent No. 2 herein and one V.S.Verma, and that Dharam Pal was in possession of private arms and used to threaten Captain Praveen's father - the appellant herein.