MAHABIR Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) In view of the averments made in the application, the same is allowed. Delay of 17 days, in filing of appeal, stands condoned.

(2.) This application has been filed under Section 378(4) read with Section 372 Cr.P.C. seeking leave to file an appeal against judgment dated 9.11.2012 vide which respondent No.2-Pawan was acquitted of the charges framed against him. It is necessary to mention here that the above respondent/accused along with his father, namely Om Parkash and brothers Rajesh and Rishi Pal were made to face trial in FIR No. 195 dated 16.6.2008 for commission of offences under Sections 323, 324, 325 & 307 IPC read with Section 34 IPC, Police Station Assandh. It was an allegation against them that they, on 10.6.2008, in furtherance of their common intention had made an attempt to kill the applicant, namely Mahabir by causing him the injuries.

(3.) The process of law was started on receipt of a ruka (Ex.P6) from Civil Hospital, Assandh in the Police Station at Assandh regarding admission of applicant/complainant in the hospital. Assistant Sub Inspector Roshan Lal (PW.9) went to the hospital. On 11.6.2008, applicant/complainant-Mahabir and Nirmala were declared unfit to make the statements. They were referred to General Hospital at Karnal. Injured-Chanda did not make a statement by stating that he was not mentally fit to depose because of his injured condition. On 16.6.2008, applicant/complainant-Mahabir was declared fit to make a statement. His statement (Ex.P20) was recorded by the Investigating Officer which led to the registration of above FIR in Police Station Assandh.