RIJWAN Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Complainant Rizwan who was examined as PW4 before the trial Court has filed the present application under Section 378(4) Cr.P.C. seeking leave to file an appeal against the acquittal recorded qua respondents No.2 to 7.

(2.) Respondents No.2 to 7 faced trial for the offence under Sections 148, 323, 307 read with Section 149 IPC. Respondent No.3 Kuldeep also has faced trial for the offence under Sections 25 and 27 of Arms Act.

(3.) It is the case of the prosecution that on 26.7.2015 at about 9.30 p.m., when PW4 Rizwan and PW5 Shokeen were returning to their house after inspecting their godown, respondents No.2 to 7 came in a Scorpio vehicle bearing No.1010. Accused Kuldeep was armed with country made pistol while the other accused were armed with dandas. Accused Kuldeep opened fire from his country made pistol towards PW4 Rizwan who saved himself by taking shelter behind a wall. PW5 Shokeen, who is none other than the brother of PW4, raised an alarm whereupon the public was attracted to the spot. All the other accused gave beatings to PW4 and PW5 with dandas and caused injuries to them. Thereafter, all the accused fled away from the scene of crime.