(1.) Acquittal of Naresh and Sanjay accused, respondents No. 2 and 3, respectively, herein, stands challenged by complainant Rajender Singh by filing the present application under Section 378 Cr.P.C., 1973 seeking grant of leave to appeal against the impugned judgment dated 20.12.2016 passed by learned Additional Sessions Judge, Faridabad.
(2.) Both, Naresh and Sanjay, along with Monu @ Birpal, Manohar, Bhola @ Vinod, Sonu @ Satender and Deva @ Devender were tried for committing offences punishable under Sections 148, 323, 324, 325, 307, 302 read with Section 149 IPC. Sonu @ Satender and Deva @ Devender were also charged for committing offences punishable under section 25 of the Arms Act. Vide judgment dated 20.12.2016, learned Additional Sessions Judge, Faridabad acquitted Naresh and Sanjay accused of the charges against them. However, their five co-accused were convicted for the various offences for which they stood charged.
(3.) According to the prosecution, complainant Rajender Singh and his brothers Bijender and Gajender were residents of village Lehdoli but living separately. The complainant and his two sons Vijay and Bhagat Singh, besides his father Hari Chand lived together. The houses of Deva @ Devender and others were situated near the houses of the complainant party. In front of their houses, there was land of well belonging to the Panchayat. On 28.6.2013, the family members of Deva @ Devender placed bundles of hay in front of their house on the well. On 29.6.2013, they put fencing around the Panchayat land and also in front of their house. The complainant party asked the accused not to do so but the accused threatened them. On 30.6.2013, the complainant party was working in their fields where they were informed that Deva @ Devender, Manohar, Bhola @ Vinod and Monu @ Birpal were giving beatings to Bijender and also encroaching upon the land in front of their house. On hearing this, complainant party reached their house and found that Deva @ Devender and Monu @ Birpal carrying countrymade pistols, Bhola @ Vinod and Sonu @ Satinder carrying swords, Manohar, Satto wife of Manohar, Bimla wife of Birpal, Mamta wife of Sonu, Devi Anuradha wife of Deva carrying lathies, dandas and bhallas accompanied by two outsiders, who were carrying a country made pistol and a sword attacked them. Sonu @ Satinder gave a sword blow on the left hand and chest of the complainant. Monu @ Birpal fired at Vijay whereas Deva @ Devender fired at Bijender. They were also attacked by other accused persons with lathies, swords and bhallas. Lateron, Vijay died due to the injuries.