SURINDER SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This application has been filed under Section 378 (4) Cr.P.C. seeking leave to file an appeal against judgment dated 9.8.2012 passed by Additional Sessions Judge, Narnaul, acquitting respondents No. 2 and 3 of the charges framed against them. The above respondents were arrayed as accused in FIR No. 28 dated 28.1.2009 Police Station Kanina, for commission of offences under Sections 302/201 read with Section 34 IPC.

(2.) It was an allegation against them that they had murdered Pardeep son of the complainant Karan Singh (PW-5). The process of law was started on a complaint made by PW-5 Karan Singh. His statement Ex.PE was recorded by SI Surender Singh PW-24. The trial Judge has noted the following facts regarding case of the prosecution :-

(3.) The Investigating Officer went to the place of occurrence, prepared inquest report on the dead body of Pardeep and sent it for post mortem examination. He also took into his possession one jute bag, one shawl, 8 pieces of bricks, one purse containing photographs of the deceased against recovery memos. The Investigating Officer also prepared rough site plan of the place from where dead body was recovered. He also recorded statements of the witnesses. Both the accused were arrested on 29.1.2009. Thereafter, under order passed by this Court, fresh investigation was conducted through DSP Randhir Singh PW-22 and a supplementary challan was presented on 2.5.2009.