RAM KISHAN Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This application has been filed under Section 378(4) Cr.P.C. for grant of leave to file an appeal against the judgment of acquittal (qua respondents No.2 and 3) dated 28.1.2012.

(2.) As per the facts on record, besides respondent No.2-Sunil and respondent No.3-Amit, Santosh alias Sanesh and Rajesh alias Bholu were put to face trial for commission of offences under Sections 302, 201, 34 & 120-B IPC and Section 25 of the Arms Act, 1959. FIR bearing No. 57 was recorded against them on a statement made by Ram Kishan (PW.4), father of deceased Rakesh. His statement was recorded by Sub Inspector Om Parkash (PW.10). The trial Judge has noted the following facts regarding case of the prosecution from the statement made by Ram Kishan (PW.4):-

(3.) In the First Information Report, initially the respondents and their companions were not named as accused. All the four accused were in custody in another FIR bearing No. 178 dated 9.5.2010. They were arrested in this case and on interrogation they made disclosure statements admitting their guilt of killing Rakesh on 27.1.2010 at about 2.00 P.M. A country made pistol of .32 bore along with one live cartridge was got recovered by Santosh alias Sanesh which was taken into possession against a recovery memo. The above named accused also got recovered one purse and a driving licence of the deceased. In the same fashion, on interrogation accused Rajesh alias Bholu got recovered a bag of the deceased. A motorcycle bearing registration No. HR-16-B-5266 was got recovered by respondent No.2. The vehicle was allegedly used to commit murder of Rakesh. All the accused also got demarcated the place of occurrence. Respondent No.3-Amit was shown as a conspirator to kill the deceased. On completion of the investigation final report was put in the Court. Copies of the documents were supplied to the accused, as per norms. Their case was committed to the competent Court for trial. Vide order dated 5.8.2010. In the meantime, Rajesh alias Bholu accused was declared as juvenile and vide order dated 19.7.2010, his case was transferred to the Juvenile Justice Board at Bhiwani. The remaining three accused were charge sheeted on 30.8.2010 to which they pleaded not guilty and claimed trial.