SAWAI HUSSAIN Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Respondent No.2-Sajid was tried for committing offences punishable under Section 302 IPC and Section 25 of the Arms Act whereas respondent No.3-Tarif and Mohammad Zarin (since dead) were tried for committing the offence punishable under Section 212 IPC.

(2.) Vide judgment dated 15.3.2017, learned Additional Sessions Judge, Mewat after holding that there were doubts galore in the prosecution version and the story set up by the prosecution did not inspire confidence and, therefore, it would not be safe to hold respondents No. 2 and 3 guilty of the offences, acquitted them of the charges against them. Aggrieved of the same, the applicant, who is a victim, being son of Fajruddin (deceased) has filed the application under Section 378(4) read with Section 482 Cr.P.C. (CRM A-1396-MA of 2017) seeking leave to appeal. He has also filed application under Section 391 Cr.P.C. (CRM 29600 of 2017). for permission to produce certified copy of the complaint dated 5.7.2013 by way of additional evidence.

(3.) According to the prosecution, on 11.8.2013, the applicant, hereinafter referred to as "the complaint", made statement before the police alleging therein that 35/37 days back, his cousin Sahabu was looted of cash and dumper bearing registration No. HR-74A-0362 by Mubarik, Sajid, Khalli and Ballu sons of Asraf and Jakkar and Ansar sons of Samma, residents of village Chuharpur, Rajasthan. On 5.7.2013, the matter was reported to the police. In order to settle the dispute, panchayat was convened 3/4 times. In the siting of the panchayat held on 7.8.2013, it was decided to convene next meeting on 10.8.2013 at the house of Tayyab. On the date fixed, the complainant alongwith his father Fajruddin, Sahabu, Nayab son of Nasru, Alijan son of Roshan and other respectables reached the venue of the meeting. Sajid, Khalli, Rashid @ Ballu sons of Asraf, Asraf himself, Nasira son of Ramjan, Salim son of Subhan Khan, Unnus son of Jabbar Khan, Asgar and Iqbal sons of Deenu, Samma son of Sukha, Saman son of Sulli, Fakru son of Nayab, all residents of Chuharpur, Haroon son of Samsu, resident of Noshera, Deenu resident of Saraikalan as well as the people from the neighbouring village were present there. When the panchayat began, members of opposite party became adamant on quarrelling. At about 2.30/00 p.m., the panchayat dispersed. Soon thereafter, members of the opposite party started a quarrel and manhandled the complainant party. The complainant as well as his companions ran away to save themselves. However, Fajru, father of the complainant was surrounded by the members of the opposite party. After reaching the main road, the complainant waited for his father but he did not reach there for a long time. The complainant alongwith his companions searched for Fajru but all in vain. When they reached the hilly area in search of Fajru, his dead body was found lying there.