STATE OF HARYANA Vs. JANGSHER SAINI

JUDGEMENT

(1.) THE State has filed the present application under Section 378(3) Cr.P.C for grant of leave to appeal against the judgment dated 21.5.2014 passed by the Sessions Judge, Yamuna Nagar at Jagadhri, whereby the respondents were acquitted of the charges under Section 302 read with Section 34 IPC and Sections 25 and 29 (b) of the Arms Act.

(2.) THE case of the prosecution, in nutshell, is that Sat Pal, since deceased, alongwith his co -villager Sanjeev Kumar, was returning to his village on a motorcycle on 24.6.2012 at about 9.30 PM and when they reached near the Gurudwara of village Topra Kalan, six persons came on motorcycles from behind. They were firing shots in the air.

(3.) THEY overtook the motorcycle of the deceased and waylaid him by stopping their motorcycles in front of his motor cycle. The accused were carrying swords and lathis with which they caused injuries to Sat Pal. Sat Pal ran towards the fields but the accused continued chasing him and caused more injuries to him. Sanjeev Kumar informed his family members about the incident. On learning about the incident, the deceased's brother Jagmal and other co -villagers reached the spot. The search conducted by them led to tracing of the dead body of Sat Pal in the nearby paddy field. On the next morning Sanjeev Kumar reached the police post Kheri Lakha Singh and reported the matter.