M. Jeyapaul, J. - (1.) SECOND and third Respondents/1st and 2nd accused faced the trial for offences under Sections 302, 302/120 -B and 201 of the Indian Penal Code and under Section 25 of the Arms Act, 1954. 2nd Respondent Siri Kishan alias Bholu was convicted under Section 25 of the Arms Act and was sentenced to undergo one year rigorous imprisonment and to pay a fine of Rs. 500/ - and in default, to undergo a further period of two months rigorous imprisonment. In fact, 2nd Respondent had already undergone more than one year and as a result of which substantive sentence of one year had been set off against the period of custody already undergone by him. As far as the above other charges under the Indian Penal Code are concerned, 2nd Respondent Siri Kishan alias Bholu and 3rd Respondent Rekha were acquitted.
(2.) PW 8 Chanderpati, having been aggrieved by the acquittal of both the accused for the major offence under Sections 302, 302/120 -B and 201 of the Indian Penal Code has filed CRM No. A -148 -MA of 2011, praying to grant leave to prefer an appeal as against the acquittal. As there has C RM No. 6529 of 2011 and been a delay of 88 days in preferring the criminal appeal, a separate Crl. Misc. Application No. 6529 of 2011 has been filed under Section 482 of the Code of Criminal Procedure for condonation of delay. We have proposed not to waste our energy on the application filed for condonation of delay in preferring the Criminal Appeal. Rather, we have proposed to straightaway concentrate ourselves on the merit of the plea made by PW8 Chanderpati in CRM No. A -148 -MA of 2011 seeking grant of leave to prefer an appeal as against acquittal. Pw8 Chanderpati gave a statement Ex.PC to the police stating that when she and her sons Pw9 Kaptan, deceased Phool Kumar, and Pw10 Satyawan were cleaning coriander on 14.2.2009 at about 11:30 PM, the deceased Phool Kumar received a telephonic call. He went down the street where there was no light. He was attacked by unknown persons with knife on his abdomen and fled away taking advantage of the darkness. Phool Kumar entered into the house with blood oozing out of his injury. He was taken to General Hospital, Sonepat, and thereafter, he was referred to PGIMS Rohtak, but, unfortunately he succumbed to the injuries. She also stated in her complaint that her family had an enmity with Teka, Mota, Bholu, Bali, Kela, and Raj Kumar. She suspected that they had murdered Phool Kumar.
(3.) DURING the course of investigation, 2nd Respondent Siri Kishan alias Bholu and 3rd Respondent Rekha were arrested. A motorcycle, a mobile phone and a knife were recovered from the possession of accused Siri Kishan @ Bholu on the basis of discovery statement given by him in the presence of PW9 Kaptan. After the investigation was over, challan was filed before the Ilaqua Magistrate.;