STATE OF HARYANA Vs. RAVI

JUDGEMENT

(1.) The State of Haryana has filed the present application under Section 378(3) of the Code of the Criminal Procedure for grant of leave to appeal against the judgment dated 25.5.2016 passed by the learned Sessions Judge, Ambala. Vide impugned judgment, the learned trial Court acquitted the respondents of the charges under Sections 148 and 302 read with Section 149 IPC.

(2.) As per the prosecution, Angrej Singh, father of deceased Amandeep @ Kadar got recorded his statement before Inspector-Rajnish Yadav on 9.9.2014 stating therein that on 8.9.2014 his son Amandeep @ Kadar, who used to ply a three wheeler auto, left home at 10.00 p.m. taking his three wheeler to Railway Station Ambala Cantt. At about 1.30 a.m., during the same night, he received information that some young boys had hired three wheeler of his son from the railway station for going to B. D. Flour Mills, Ambala Cantt. and that in front of House No. 71-A, Satsang Vihar, those young boys had killed his son. On receiving the information, the complainant and his relatives reached the spot and saw his son lying dead in the street in front of House No. 71-A, Satsang Vihar with injuries on his head and blood oozing from the same whereas the three wheeler was lying at some distance. He suspected that some unknown persons had killed his son due to some old enmity. Accordingly, Inspector Rajnish Yadav forwarded the statement of the complainant to Police Station Mahesh Nagar, where on its basis FIR No. 244 dated 9.9.2014 under Sections 148, 149 and 302 IPC was registered.

(3.) It is also the case of the prosecutrix that on 10.9.2014, the complainant moved a written complaint to the police that the boys who had hired the three wheeler of his son and killed him due to old enmity were Ravi, Ravi Kant and Chandan @ Vicky and he was sure that these boys had killed his son due to old enmity. On 5.10.2014, Amit Kumar son of Jagdish Kumar made his statement before the police that at about 12.00 midnight on the night intervening 8/9.9.2014, the deceased was with him at Railway Station Ambala Cantt., where three boys, namely, Ravi Kant, Chandan @ Vicky and Sarwan came for hiring the auto of the deceased for going to B. D. Flour Mills and fare was settled at Rs. 150/-. Thereafter, he, i.e. Amit Kumar alongwith the deceased took the three boys in the auto. He also stated that he knew Ravi Kant, Chandan @ Vicky and Sarwan earlier as they were doing work of tea vendor at the stall of Ravi. Further, when they reached near Hathi Khana Mandir, Ambala Cantt., three more persons came on a motor-cycle, who stopped the auto. Ravi alighted from the motor-cycle and boarded the auto and started for the destination. At about 12.30 a.m., they reached Satsang Vihar behind the mill. Ravi alighted from the auto and started beating the deceased. Ravi Kant, Chandan @ Vicky and Sarwan also started beating the deceased. He and Amandeep @ Kadar after alighting from the auto tried to run away. He became perplexed. Ravi Kant, Chandan @ Vicky, Sarwan and Ravi started hitting them with brick bats. Gaurav and Sandeep kept on watching while sitting on the motor-cycle. Due to fear Amit Kumar fled away from the spot but while doing so, he turned back to notice that all the accused were beating the deceased with brick bats. Amit Kumar further stated that on the next day, he left by Golden Temple Train to Dadar Mumbai to his Fufa, as his Fufa had met with an accident. He returned from there on 5.10.2014 and got recorded his statement before the police.