STATE OF HARYANA Vs. JAGBIR SINGH AND OTHERS

JUDGEMENT

(1.) Heard counsel for the State.

(2.) The Crl. Application has been filed in terms of Section 378 (3) of the Code of Criminal Procedure ("CrPC" - for short) seeking grant of leave to appeal against the impugned judgment and order dated 12.3.2011 passed by the learned Addl. Sessions Judge, Sonepat, whereby the respondents have been acquitted for the offences punishable under Sections 148, 149, 379, 427, 436 and 450 Indian Penal Code ("IPC" - for short).

(3.) The FIR in the case has been registered on the statement of Sushil Kumar (PW11) on 30.3.2007. It is alleged by him that his elder brother Neelam Singh was running Shaheed Bhagat Singh Senior Secondary School in partnership with Ranbir Singh at village Saragthal for the last four years i.e. from 30.3.2007. The complainant Sushil Kumar (PW11) and his friend Joginder had gone to the said school at about 1.30 p.m. on 27.3.2007. At that time some persons including Anoop Singh Malik (respondent No.4), Ranbir Singh, Ex. Sarpanch (respondent No.2), Manoj, Master (respondent No.5), Jagdeep (Jagbir-respondent No.1), Jitender (respondent No.3), Sumer (respondent No.6) and Surender (respondent No.7) who were known to complainant Sushil Kumar (PW11) came there. Apart from the respondents, there were 20-25 other persons also. It is alleged by the complainant Sushil Kumar (PW11) that the said persons started throwing bricks and stones on the articles like almirah and furniture that had been kept in the school. Besides, they also tried to damage the school buses. They damaged the window-panes of the buses and also other articles that had been kept in the school. The assailants were saying that Neelam etc. had committed an immoral act in the school with a girl who was a student of the school. They were also saying that they would not allow the school to run in the village. It is further alleged that on 28.2.2007 a Panchayat was convened by the complainant (PW11) etc. for payment of damages by the accused but no decision could be taken in the Panchayat. At about 9.30 p.m., the above-named persons (respondents No.1 to 7) along with 20-30 other persons who had cans of kerosene oil in their hands came there. Anoop Singh (respondent No.4) exhorted to set all the articles of the school on fire.