STATE OF HARYANA Vs. SHIELA @ SURINDER

JUDGEMENT

(1.) VIDE this judgment, we shall be disposing of Criminal Appeal No. 324-DBA of 1995 (State of Haryana v. Shiela alias Surinder and others) and Criminal Revision No. 428 of 1995 (Sajjan Kumar v. Shiela alias Surinder and others) as both arise out of one and the same impugned judgment.

(2.) THE three respondents herein namely Shiela alias Surinder son of Raghbir, Dharam alias Dharambir son of Gordhan and Gordhan son of Ram Rachhpal, all residents of village Samchana, were booked in a case FIR No. 78 of 9.4.1992, under section 302 read with section 34 of the Indian Penal Code, registered at Police Station Sampla, for committing the murder of one Sumer of their village. All the three respondents have earned acquittal vide impugned judgment dated 23.12.1994 of the learned Additional Sessions Judge, Rohtak. State of Haryana has preferred the present Appeal No. 324-DBA of 1995 against their acquittal which stands admitted by this Court vide order dated 4/8/1995. Criminal Revision filed by the complainant FIR lodger Sajjan Kumar, was also ordered to be heard with the State appeal.

(3.) AFTER giving notice to Advocate-General, Haryana, the said application stands dismissed by us by a separate order of the even date observing therein that the application is misconceived for the reason that the Judicial Magistrate had taken all due precautions of informing the Military authorities about the pendency of the case against Dharambir accused. Insomuch so that two letters are also on the judicial file received from the Military authorities showing that Dharambir is to be tried as per civil law. It was thereafter that the case was committed to the Sessions Court for trial. Now, we advert to the facts of the present case.