STATE OF HARYANA Vs. FARMAN

JUDGEMENT

(1.) The present appeal has been preferred against the judgment dated 10.12.2001 passed by the then learned Additional Sessions Judge, Gugraon, vide which the respondent no.1 Farman along with his co-accused Abdul Majid @ Mhalla and Arshad @ Mohammad Hasad have been acquitted.

(2.) The brief facts of the prosecution case are that injured complainant Aas Mohammad is a resident of village Assai Sika, P.S. Nagina. His elder brother Bashir was married to PW-11 Noor Nisha. Bashir died about five years prior to the occurrence leaving behind his widow Noor Nisha and a minor daughter. After his death, Noor Nisha contracted second marriage with complainant Aas Mohammad about three years prior to the occurrence. Smt. Batka is his younger sister of Noor Nisha and is married to respondent-accused Farman resident of village Salamba. Maksoodan is elder sister of Noor Nisha and is married to Jamil resident of Salamba. On 26.06.1997, minor daughter of Bashir was suffering from Typhoid. Therefore, complainant and his wife Noor Nisha took her to village Bhondsi for treatment. It was rainy season and heavy ran was likely to fall on that day.

(3.) Initially respondent Farman was charge sheeted for the offences under Section 452 and 307 of Indian Penal Code. However, during trial on the basis of an application under Section 319 of Code of Criminal Procedure, 1973, co-accused Bhulla @ Abdul Majid and Arshad were also summoned. On their appearance a fresh charge sheet under Section 452 and 307 read with Section 34 of Indian Penal Code was framed against all the accused to which the accused pleaded not guilty and claimed trial.