STATE OF HARYANA Vs. RAJ KUMAR AND OTHERS

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 of acquittal dated 1.12.2012. Vide this judgment, the respondents were acquitted of the charges framed against them. It was an allegation against them that on 2.5.2010, they had caused injuries to Sombir son of complainant-Mai Ram. All the three respondents along with Kuldeep and Shyam Sunder alias Shyam were made to face trial. During pendency of the proceedings, Kuldeep and Shyam Sunder alias Shyam were declared as Proclaimed Offenders.

(2.) The process of law was started on a statement made by Mai Ram (PW.11), which was recorded by Sub Inspector Kirori Lal (PW.12). The trial Judge has noted the following facts regarding case of the prosecution:-

(3.) The Investigating Officer went to the place of occurrence and prepared rough site plan of that place with correct marginal notes. He also recorded statement of the witnesses and on completing other formalities, final report was put in Court against respondents No.1 and 2. Respondent No.3 was summoned to face trial, on an application moved by the prosecution under Section 319 Cr.P.C.