CHANDAN RAM Vs. KARAMJIT SINGH AND OTHERS

JUDGEMENT

(1.) The applicant has filed this application under Section 378(4) Cr.P.C. seeking leave to file an appeal against the judgment dated 16.1.2012 vide which the respondents were acquitted of the charges framed against them under Section 307 IPC. Vide above judgment, the respondents were convicted for commission of offences under Sections 326, 324 and 34 IPC and vide a separate order of even date, they were sentenced for commission of the above offences.

(2.) As per the facts on record, in FIR No. 6 dated 2.1.2004, the respondents were arrayed as accused for commission of offences under Sections 307, 326, & 451 IPC and Sections 27 & 30 of the Arms Act, 1959. The process of law was initiated on a statement Ex.PA made by Chandan Ram (PW.1). The trial Judge has noted the following facts regarding case of the prosecution:-

(3.) Head Constable Chand Gir (PW.7) after receiving a wireless message reached at Rajindra Hospital, Patiala, where he recorded the statement of Chandan Ram (PW.1), sent a ruqa to the police station which led to the registration of an FIR Ex.PA/2. It has come on record that accused Karamjit Singh was also lying admitted in Rajindra Hospital at Patiala at the same time. The Investigating Officer visited the place of occurrence, prepared a rough site plan with correct marginal notes and also recorded the statements of Jagir Kaur (PW.2) and one Ajmer Singh.