RAM KISHAN GUJJAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) CRM No. 12702 of 2017

(2.) Notice of the application was issued. Learned State counsel as well as learned counsel for the complainant appeared and contested the application.

(3.) At the time of arguments, learned counsel for the applicant-appellant argued in detail on the points that there is no cogent evidence on the record to prove the criminal conspiracy qua present applicant Ram Kishan Gujjar. He further argued that applicant-appellant was not charged under Section 120-B IPC and the findings given by the Court below that accused has not led any evidence to rebut the prosecution evidence, are against the law. He argued that accused has right to keep silent during the trial and the prosecution is to prove its case by leading cogent evidence beyond reasonable doubt. Learned counsel for the applicant-appellant shown the findings given by learned Addl. Sessions Judge, Ambala, qua this argument where the Court held that the accused has not led evidence to rebut the evidence of the prosecution. He next argued that even in the FIR got registered by the deceased, there was no mention that other accused have chased or gave beatings to him at the instance of applicant Ram Kishan Gujjar, who was MLA at that time.