MOHINDER SINGH Vs. SARDARA SINGH AND OTHERS

JUDGEMENT

(1.) The instant application has been filed under Section 378(4) Cr.P.C. for grant of leave to appeal against the impugned judgment dated 30.07.2012 passed by the learned Additional Sessions Judge, Ambala, whereby an appeal preferred by respondent Nos. 1 and 2 against the judgment of conviction dated 08.05.2007 and order of sentence dated 10.05.2007 of learned Judicial Magistrate First Class, Ambala City has been accepted and respondent Nos. 1 and 2 have been acquitted of the charge framed against them.

(2.) Brief facts of the case are that FIR No. 08 dated 07.02.1993 was registered at Police Station Panjokhra, under Sections 148, 324/325/149 of the Indian Penal Code on the basis of statement of Mohinder Singh, complainant on the following averments:

(3.) After completion of investigation, challan against the accused, namely, Sardara Singh, Chand Singh, Mehar Singh, Mukhtiar Singh, Gurdial Singh and Jasbir Singh was presented in the Court. After hearing arguments on the point of charge, accused, namely, Mehar Singh, Mukhtiar Singh, Gurdial Singh and Jasbir Singh were discharged by the learned JMIC, Ambala City, vide order dated 14.09.1993 and it was held that there was sufficient evidence against the accused namely Chand Singh and Sardara Singh. Besides, sufficient evidence was also found against other accused persons, namely, Malkiat Singh, Dayal Singh and Gurmeet Singh, who were not challaned by the police, they were also summoned to face trial. Accused Gurdial Singh was reported to have died. The presence of Gurmeet Singh could not be procured even after issuance of nonbailable warrants, therefore, he was declared a proclaimed offender.