STATE OF HARYANA Vs. ANIL ALIAS KALA

JUDGEMENT

(1.) After perusing the averments made in the application, we are of the view that delay in filing appeal is neither intentional nor deliberate. So application to condone the delay of 50 days in filing the appeal is accepted and delay in filing the appeal is condoned. Crl. Misc. application stands disposed of.

(2.) State of Haryana has filed this application under Section 378(3) Cr.P.C for grant of leave against the judgment of acquittal dated 19.5.2009 rendered by the Additional Sessions Judge, Rohtak. Vide this judgment, Anil @ Kala was acquitted of the charge levelled against him in FIR No. 164 dated 28.8.2006 registered under Sections 302/201 IPC at Police Station Sampla. Prosecution story, in brief, is that FIR No. 164 dated 28.8.2006 was registered on the basis of the statement of Jaspal Sharma (PW-6). Jaspal Sharma reported to the police that on 25.8.2006 at about 8:00 a.m, he was going towards his village and was present near the fields of Ishwar then noticed a dead body of an unknown person. No injury was noticed by him on the dead body. The dead body was of a man of 40/45 years of age. After deputing, Ram Niwas, Chowkidar to guard the dead body, he came to police to lodge the FIR. On the basis of the statement of Jaspal Sharma (PW- 6) FIR No. 267 dated 20.12.2005 under Sections 323, 452, 306 of the Indian Penal Code was registered at Police Station Sampla. Dead body of unknown person was cremated by the police after taking its photographs and keeping the clothes of the deceased. in that FIR on 14.1.2007, Anil @ Kala was arrested. He was interrogated and on interrogation, he suffered a disclosure statement that he was having a dispute regarding money with Ashwani alias Fauji and due to that dispute, he has murdered Ashwani alias Fauji. In view of the disclosure statement, Rampant and Sandeep, father and brother of Ashwani were summoned to the police Station. From the photographs of the dead body and clothes of the deceased, Rampat and Sandeep had identified the photographs and clothes of the deceased Ashwani.

(3.) After the completion of investigation, accused was challaned. Vide order dated 5.5.2007, case was committed to the Court of Session for trial. Accused was charged under Sections 302 and 201 of the Indian Penal Code. Accused did not plead guilty and claimed trial.