RAM KUMAR Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) The applicant has filed this application under Section 372 read with Section 378(3) Cr.P.C. seeking leave to file an appeal against judgment of acquittal dated 5.11.2012. Vide the said judgment, respondent No.2 Ram Singh was acquitted of the charges framed against him.

(2.) Respondent No.2 was made to face trial in FIR No. 454 dated 4.12.2009, Police Station Sadar Fatehabad, for commission of an offence punishable under Section 302/323 IPC. It was an allegation against him that, he had committed murder of Chhinder Pal and had caused injuries to Roshni Devi (PW-1), on 3.12.2009, in the area of Village Badopal. The trial Judge has noted the following facts regarding case of the prosecution :-

(3.) The process of law was stated on a statement Ex.P-3, made by applicant-complainant Ram Kumar. The Investigating Officer went to the place of occurrence, prepared inquest proceedings on the dead body and sent it for post mortem examination, which was conducted by Dr. Sandeep Gupta (PW-9). Roshni Devi (PW-1) was medico legally examined by Dr. Veena Batra (PW-8). The Investigating Officer got prepared rough site plan of the place with correct marginal notes. The respondent-accused was arrested on 6.12.2009. Upon interrogation, he suffered a disclosure statement, which led to the recovery of a wooden stick and a sweater. The offending articles were taken into police possession against recovery memos.