STATE OF HARYANA Vs. ANIL KUMAR

JUDGEMENT

(1.) The State of Haryana has filed this application under Section 378 (3) Cr.P.C. seeking leave to file an appeal against judgment dated 30.9.2005 vide which respondent Anil Kumar was acquitted of the charges framed against him. It is on record that vide the said judgment, co-accused of respondent No.1, namely, Pritam Singh, was found guilty and he was convicted and sentenced to undergo rigorous imprisonment for life and ordered to pay a fine of Rs. 5,000/- for commission of an offence under Section 302 IPC.

(2.) Vide order dated 20.11.2006, this application was ordered to be heard along with Criminal Appeal No. 821-DB of 2005 filed by above named Pritam Singh. That appeal was dismissed by a Division Bench of this Court vide judgment dated 26.9.2012 affirming the findings given by the trial Court vide the judgment under challenge.

(3.) Respondent Anil Kumar and his co-accused Pritam Singh were arrayed as accused in FIR No. 117 dated 29.7.2003 Police Station Garhi for commission of offences under Sections 302, 449/34 IPC. It was an allegation against them that they had trespassed into the house of Shamsher Singh, caused him injuries, resulting into his death, on the intervening night of 28/29.7.2003.