MELA SINGH Vs. SOMA SINGH AND ANOTHER

JUDGEMENT

(1.) PW3 Mela Singh (complainant) has filed this application under Section 378(4) Cr.P.C. seeking leave to file an appeal against judgment dated 2.4.20011, acquitting respondent No.1 of the charges framed against him.

(2.) It was allegation against respondent No.1 that in the intervening night of 31.10.2008 and 1.11.2008, in the area of village Mohar Singh Wala, he had committed murder of Kuldip Singh @ Nikka son of the complainant. Dead body was found in a room on the first floor of the house of the complainant in the morning hours of 1 st November 2008.

(3.) Process of law was set in motion on a statement (Ex.PX) made by Mela Singh applicant, which led to the registration of an FIR (Ex.PE/3) in police station Bhikhi on 1.11.2008. The trial Judge has noted the following facts regarding case of the prosecution:-