STATE OF HARYANA Vs. SUJJAT

JUDGEMENT

(1.) The State of Haryana has filed the present application under Sec. 378(3) Cr.P.C. for grant of leave to appeal against the judgment dtd. 12/10/2016 passed by the learned Additional Sessions Judge, Mewat.

(2.) Vide impugned judgment, the trial Court has acquitted respondents No. 2 to 5, 10 to 14 of the charges under Ss. 148, 302, 149, 120-B of IPC. However, accused-respondents No. 1 and 6 to 9 were convicted for the aforesaid offences and sentenced accordingly.

(3.) As per the prosecution case, complainant Salauddin along with his brother Kutubuddin went to the house of his father, which is on the road side and found that door of the house was closed from inside. Both of them scaled the wall and saw their father Abdul Rasid Numberdar and mother Maksoodan were lying murdered. As per the complainant, the murder was committed due to an old enmity. Complainant Salauddin and his brother Kutubuddin again made a statement suspecting Kuttar @ Ali Mohd., Noora @ Noor Mohd. and their sons and also Yad Ram, the servant of the deceased in the commission of the crime. On 20/9/2004, Mohd.Ali along with Yad Ram appeared before CIA Inspector and gave a statement regarding extra judicial confession made by Yad Ram to him confessing that he had conspired with Nandi @ Rahim Bux, Liyakat Ahmed, Sujjat, Mota, Mujja, Hidayat and 2-3 other persons and had committed double murder in the night of 11/12/9/2004.