SHER SINGH Vs. MAHINDER

JUDGEMENT

(1.) Applicant-Sher Singh, being the son of deceased Joginder Singh (complainant), has filed the present application under Sec. 378(3) Cr.P.C. for grant of leave to appeal against the judgment dtd. 15/7/2016 passed by the learned Sessions Judge, Yamuna Nagar at Jagadhari.

(2.) Vide impugned judgment, the trial Court has acquitted respondent Nos. 1 to 3 of the charges under Ss. 341, 325, 323 and 302 read with Sec. 34 IPC.

(3.) As per the case of the prosecution, on 8/5/2015 deceased Joginder Singh was admitted in C.H.C. Radaur, wherefrom he was referred to Civil Hospital, Yamuna Nagar, but was taken to Gaba Hospital, Yamuna Nagar. Police team reached Gaba Hospital. After seeking opinion of the Doctor regarding his fitness, the statement of deceased-Joginder Singh had been recorded. In his statement, said Joginder Singh stated that he had gone to the tubewell of Parmal Singh on his motorcycle where, while having his meal, he had also consumed half bottle of liquor. At about 8.00 p.m., when he was coming back, he had been struck danda blows on his head by two persons, whom he could not identify and that as a result of the same, he fell down on the ground and was also given slaps by them. The police party reached the spot and recovered two blood stained dandas, which were converted into sealed parcels. Accused Mahinder was arrested on 18/5/2015. Injured-Joginder Singh died on 21/5/2015. On 25/5/2015 accused Mahinder suffered a disclosure statement and pursuant thereto, he had got recovered motorcycle from his house in village Kungal. On the said day accused Anuj Kumar was also arrested. On 28/5/2015, accused Sachin was arrested. Both these accused had also suffered disclosure statements as regards their participation in the occurrence.