MEWI DEVI Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Complainant Mewi Devi, mother of deceased Harpal Singh, has filed this application under Section 378(4) Cr.P.C. read with Section 372 Cr.P.C. seeking leave to file an appeal against judgment of acquittal dated 4.1.2012. Vide that judgment, respondents No.2 and 3 were acquitted of the charges framed against them. Against the above respondents, it was an allegation that they, on 23.12.2010 between 4.30 A.M. to 7.00 A.M., in furtherance of their common intention, had intentionally committed murder of Harpal Singh.

(2.) The trial Judge has noted the following facts regarding case of the prosecution:-

(3.) The statement of Kala Ram, father of deceased, was recorded by Inspector Gurdeep Singh, Investigating Officer, which resulted into registration of an FIR bearing No. 101 dated 23.12.2010 against the above respondents. The Investigating Officer went to the place of occurrence, prepared inquest report on the dead body of Harpal Singh and sent it for post mortem examination. He also took into his possession the offending material from the spot against recovery memos including blood stained clothes and broken mobile phone with a sim card. He also took into possession ladies hair clip lying at a distance of 25-26 karams away from the dead body against a recovery memo.