LACHHO Vs. STATE OF HARYANA

JUDGEMENT

(1.) LACHHO , daughter of complainant Smt. Manbhari (who died during trial) and sister of deceased Anil, has filed this application under Section 378 (4) Cr.P.C for grant of leave to appeal against the judgment dated 30.5.2013 passed by the court of learned Additional Sessions Judge, Hisar, whereby all the accused, namely Parshotam; Parveen son of Parshotam; Bittu son of Parshotam; and Ishwar (respondents No.2; 3; 4; and 5 herein) have been acquitted of the charges framed against them in the complaint filed by Smt. Manbhari, mother of the applicant.

(2.) THOUGH there is a delay of 124 days in filing this application for grant of leave to appeal and the applicant has filed application (Crl. Misc. No. 5068 of 2013) for condoning the delay, yet we have heard learned counsel for the applicant on merit, and gone through the impugned order.

(3.) IT was further alleged that on 8.2.1997, accused Mam Chand and Ishwar came to the house of the complainant and asked her to accompany them to the factory in order to get her house transferred in their name. The complainant further alleged that just before arrival of the above named two accused to her house, her son Anil had gone to the house of his in -laws to bring back his wife. It was further alleged that on the same day, at about 9.00 PM, the complainant moved an application in the Police Station complaining the said incident, and when she returned back to her house, her daughter Lachho informed her that Anil had come to the house and he was enquiring about the complainant, but upon calling by accused Ishwar, he had gone with him (accused Ishwar). It was alleged that on 9.2.1997 at about 9.00/9.30 AM, she was informed by Krishan Baldev that Ram Kumar, Mechanic had informed him that the dead body of a boy is lying near the eastern wall of the Government College. On getting this information, the complainant along with her daughter Lachho went to the spot and found the dead body of her son Anil lying there with bleeding from his ear and mouth. She reported the matter to the police. On the basis of her statement, FIR No. 49 dated 9.2.1997 under Section 302 read with Section 34 IPC was registered at Police Station City Hansi, and on 10.2.1997, post -mortem on the dead body was conducted by Dr. Anand Parkash Bhatia and Dr. S.K. Gupta, who found the following injuries on the dead body :