GURSHARANJIT SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The applicant-complainant has filed this application under Section 378 (4) Cr.P.C. seeking leave to file an appeal against judgment dated 4.7.2012 vide which respondents No. 2 and 3 were acquitted of the charges framed against them. The above respondents were made to face trail in FIR No. 120 dated 12.6.2009 Police Station City Tarn Taran, for commission of offences under Sections 307/34 IPC and 27 of Arms Act, 1959.

(2.) The process of law was set in motion on a statement Ex.PA made by the applicant. His statement was recorded by SI Paramjit Singh PW-7 (Investigating Officer), whereupon, FIR Ex.PA/2 was recorded against the respondents-accused. The Investigating Officer then went to the place of occurrence, took into his possession some led pieces and broken pieces of glass against a recovery memo Ex.PE. He recorded statement of Kashmir Kaur and also got prepared rough site plan Ex.PF with correct marginal notes of that place. The respondents-accused were arrested on 13.6.2009. On interrogation, as per disclosure statement made, a gun was recovered. The Investigating Officer after recording statements of the witnesses and completing other formalities, filed the final report in court. Copies of the documents were supplied to the respondents-accused as per norms. Case was committed to the competent court for trial.

(3.) It is necessary to mention her that initially, the final report was submitted only against accused Gurdev Singh, however, thereafter, supplementary challan was also presented against his co-accused namely Lakhwinder Singh. Both the cases were clubbed vide order dated 9.4.2010. The respondents-accused were charge sheeted to which they pleaded not guilty and claimed trial. The prosecution produced 10 witnesses and also brought on record documentary evidence to prove its case.