STATE OF HARYANA Vs. BALWAN @ MOGRA

JUDGEMENT

(1.) The State of Haryana has filed the present application under Section 378(3) Cr.P.C., 1973 for grant of leave to appeal against the judgment dated 21.12.2016 passed by Additional Sessions Judge, Bhiwani.

(2.) Vide impugned judgment, learned trial Court acquitted all the accused/respondents of the charges under Sections 148/452/307/506 read with Section 149 IPC besides Balwan @ Mogra accused of the charge under Section 25(1B) of the Arms Act.

(3.) According to the prosecution, complainant Baldev son of Bhagwana made a statement before ASI Om Parkash on 14.2.2014 in front of Court Complex, Siwani to the effect that on 13.2.2014 at about 8.30 p.m., 15/20 persons came on two vehicles, one of which was a motor-cycle and reached his house. They were armed with deadly weapons. After entering the house, they called him by name. Hearing their voice, his son Arun came in the courtyard. Accused Balwan @ Mogra fired a gunshot towards his son Arun but he sat on the ground and was saved. The gunshot hit the window. On hearing the noise of firing, the complainant reached the spot and identified Balwan @ Mogra, Sandeep, Ram Niwas, Anil @ Pava and nephew of Roop Ram. All of them were armed with deadly weapons. He could identify the remaining accused if brought before him. The motive for the occurrence was that the complainant had stopped the accused from taking forcible possession of the old Haveli. The complainant and other family members wanted to set up a school or gym there. Gulshan son of Mehar Chand resident of village Siwani was also involved in the incident.