STATE OF HARYANA Vs. JASBIR @ JASSU AND ORS

JUDGEMENT

(1.) This order shall dispose of Crl. Misc. No. A-776-MA of 2010, filed by the State of Haryana and Crl. Misc. No. A-772-MA of 2010, filed by the complainant, for grant of leave to appeal against the judgment dated 8.3.2010, passed by the Court of Additional Sessions Judge (Fast Track Court), Jhajjar, whereby the Respondents-accused have been acquitted of the charge famed against them for the offence under Section 307 IPC, though they have been convicted for the offences under Sections 323, 452, 506 read with Section 149 IPC and Section 148 IPC and have been released on probation of good conduct.

(2.) We have heard learned Counsel for the applicant-State, the applicant-complainant as well as the Respondents-accused, and have gone through the impugned judgment.

(3.) In paragraphs 11 and 12 of the impugned judgment, the trial court has discussed the issue of acquittal of the Respondents-accused for the offence under Section 307 PC. On perusal of these paragraphs, it has been noticed that the trial court has acquitted the Respondents-accused for the aforesaid offence, while taking into consideration the following three factors: