RAMESH Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) Applicant Ramesh son of Ramdhari has filed the present application under Section 378(4) Cr.P.C. for grant of leave to appeal against the judgment dated 30.7.2018 passed by the learned Additional Sessions Judge, Karnal vide which accused/respondent No. 2-Harvinder has been acquitted of the charge under Section 302 of the Indian Penal Code, 1860 ('IPC' for short) in FIR No. 357 dated 5.7.2016, registered at Police Station Gharaunda, Karnal.

(2.) Brief facts of the present case are that Shamsher Singh son of Ram Kishan, in his statement alleged that on 4.7.2016, at about 8.30/9.30, when he came to his house, he found his brother Ramesh and his wife Santosh weeping. Later, they disclosed that their son Amit was lying dead in panchayati banquet hall at village Malikpur. He along with others went there and saw that his nephew Amit was lying dead in a small room of the banquet hall and some unknown persons had committed his murder by inflicting injuries on his head and face with brickbats. On the basis of said statement, formal FIR was registered. On 7.7.2016, accused-respondent No. 2 was arrested who suffered a disclosure statement on 8.7.2016 admitting his guilt and pursuant to that statement, he got recovered his blood stained clothes from his house.

(3.) After completion of investigation and necessary formalities, challan was presented against accused-respondent No. 2.