BAHADUR SINGH Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) Applicant-Bahadur Singh is father of Sanjay, who allegedly was killed on 17.6.2009 by one Virender son of Phool Singh and respondent No.2-Rajbir. He has filed this application under Section 378 (4) Cr.P.C. seeking leave to file an appeal against the judgment dated 23.10.2012 whereby respondent No.2-Rajbir was acquitted of the charges framed against him.

(2.) It is pertinent to mention here that Virender, co-accused of respondent No.2, was convicted for commission of offence under Section 302 IPC & Section 25 of the Arms Act, 1959 (hereinafter referred to as "the Act") and was sentenced accordingly.

(3.) The process of law was started on a statement Ex.PA made by Ravi Kumar (PW.11). His statement was recorded by Inspector Surender Singh (PW.14) in Civil Hospital at Mohindergarh, whereupon FIR No. 200 was recorded against both the accused on 18.6.2009 for commission of offences under Section 302 read with Section 34 IPC and Section 25 of the Act. The Investigating Officer prepared inquest report upon the dead body and sent it for postmortem examination. Before that, the dead body was got photographed. The Investigating Officer also went to the place of occurrence and prepared a rough site plan Ex.PW.14/A with correct marginal notes of that place. Accused Virender Singh was arrested on 20.6.2009. On interrogation, he suffered a disclosure statement, which led to the recovery of one pistol 0.32 bore along with three live and one empty cartridges. The Investigating Officer also prepared rough site plan of the place of recovery. The above accused demarcated the place of occurrence. Qua above fact, memo Ex.PW.7/E was prepared.