STATE OF HARYANA Vs. SHARIF

JUDGEMENT

(1.) THE State of Haryana has filed this application under Section 378 (3) of the Code of Criminal Procedure for grant of leave to appeal against the judgment dated 1.9.2008, passed by Additional Sessions Judge, Nuh in Sessions Case No. 26 of 2003 titled as "State through Hidayat Khan v. Sharif and others", whereby all the six accused have been acquitted.

(2.) IN this case, after three months of the alleged occurrence, complaint under Sections 302, 148, 149 IPC was filed by Hidayat Khan, the husband of Smt. Sariam alias Mohamadi (deceased), alleging that on 16.12.1998 in the evening, when the complainant was working in the fields, his wife Sariam along with his two children, namely Asifa and Arstoon came in the field at about 4.00 p.m. for irrigating the field. Then accused persons came there in a jeep. It is alleged that Sharif and Jamshed caught hold of his wife from her hands and hair, whereas his both children were caught hold by Sheru and Rashid Lambardar. It is alleged that in the presence of the complainant, all the accused took away his wife and both the children towards the well by dragging and threw them in well. It is further alleged that out of fear, the complainant along with his third child Sabir ran away from the spot.

(3.) AFTER taking into consideration the aforesaid factors, the trial court has acquitted all the accused.