STATE OF HARYANA Vs. PAL SINGH

JUDGEMENT

(1.) STATE of Haryana through Public Prosecutor has filed the instant application under Section 378(3) Cr.P.C for grant of leave against the judgement of acquittal dated 24.7.2009 passed by Sessions Judge, Fatehabad. By the said judgement, Pal Singh accused was acquitted of the charge levelled against him in Sessions Case no.12 of 2007 arising out of FIR No.90 dated 22.6.2005 under Sections 302 IPC and Sections 25/27 of the Arms Act, Police Station Jakhal.

(2.) PROSECUTION story, in brief, is that Ram Rakha, complainant was issueless and his nephew Jagdev Singh son of Nek Singh used to look after him. On 21.6.2005 at about 9:00 p.m, he along with his nephew, Jagdev Singh was going towards his tube well for deliverling meals to his servant, Bhira Singh. When they were near the fields of Pal Singh then sighted Pal Singh and his brothers Labh Singh and Megh Singh. Labh Singh and Megh Singh were armed with lathis and Pal Singh was armed with a gun. Jagdev Singh was encircled by them. Labh Singh exhorted Pal Singh to teach a lesson to Jagdev Singh for making false allegations against him about trespass. Pal Singh loaded his gun then Jagdev Singh apprehending gun shot injury, gave gandasi blow on the head of Pal Singh. Simultaneously Pal Singh fired with his gun hitting Jagdev Singh in his chest. On receipt of fire arm injury, Jagdev Singh fell down and succumbed to his injury after sometime. Labh Singh and Megh Raj had fled away from the spot. After sometime, Rakha Ram noticed someone while coming from the side of village Narel. Rakha Ram requested him to inform his family members. His brother Bawa Singh and one Darshan Singh, brother-in-law of Jagdev Singh (deceased) came to the spot. After their arrival, Ram Rakha, complainant had gone to lodge report. Police party had met Ram Rakha near railway crossing at Jakhal, where his statement Ex.P1 was recorded.

(3.) AFTER the completion of investigation, challan was presented against Pal Singh only.