Alok Singh, J. - (1.) THIS revision petition is directed against the judgment passed by the learned Additional Sessions Judge, Panipat, dated 13.2.2008 vide which Respondent No. 2 was acquitted of the charge under Section 302 of the Indian Penal Code and Section 25 of the Arms Act, 1959.
(2.) FEELING aggrieved by the said judgment, the complainant/Petitioner has approached this Court for setting aside the impugned judgment passed by the learned Additional Sessions Judge, Panipat, and to convict the accused for an offence under Section 302 IPC read with Section 25 of the Arms Act. The prosecution case inter alia is that on the morning of 24.12.2005, deceased Mohinder Singh had gone to work in his fields situated within the revenue estate of village Patti Kalyana. At about 10.00 a.m., complainant/Petitioner was also going there with food for -2 -him, when Attar Singh heard the sound of gun -shots and saw a young boy wearing a track suit of black colour running towards village Bhodwal Majri. Attar Singh ran to the tubewell situated in their fields and found his brother Mohinder Singh lying in a water course with face downward. His body was warm. On inspection, it was found that he had received two gun shot injuries on chest and was bleeding. Attar Singh raised alarm which attracted the persons working in nearby fields and other persons from the village including his cousin Telu Ram. They all put the deceased on a cot for removing him to a hospital. He was being taken to hospital when he succumbed to injuries near the fields of one Panna Master. Leaving the dead body at that very place, Attar Singh was going to inform the police when Ram Kishan, SI/SHO, Police Station Samalkha met him in front of house of one Mukesh Kumar in village Patti Kalyana who too on receipt of information about the accident was going to said place accompanied by Jai Kishan ASI and other police officials. He recorded the statement of Attar Singh Ex. PD and sent the same to Police Station for registration of a case with his endorsement Ex.PD/2 through constable Virender Singh. On the basis of that, FIR Ex.PD/1 was drawn by Mahender Singh, ASI. Ram Kishan SI then went to the place where the dead body of the deceased was lying. He summoned a photographer who took photographs of the dead body. He then held inquest Ex.PD/2 and went to the place where occurrence had taken place. He carried out spot inspection and prepared rough site plan Ex.PM of said place. He lifted blood stained earth from said place and took the same into possession vide memo Ex.PJ after converting into a sealed parcel. He then recorded the supplementary statement of -3 -Attar Singh and other witnesses present over there including Palu Ram, another brother of the deceased who stated that he was present at the time of occurrence and that his brother was shot dead by Sonu accused who after committing the crime ran away towards Bhodwal Majri. The dead body of the deceased was taken to hospital where autopsy was conducted by the doctor. The doctor opined that cause of death was haemorrhage and shock due to the injuries caused to the deceased, which were sufficient to cause death in the ordinary course of nature. After completion of investigation, challan was presented in the Court.
(3.) THE accused was chargesheeted for committing an offence under Section 302 of the Indian Penal Code and Section 25 of the Arms Act, to which he pleaded not guilty and claimed trial. The prosecution in support of its case has examined as many as 16 witnesses. Thereafter, statement of the accused under Section 313 of the Code of Criminal Procedure was recorded, in which he denied all the allegations of the prosecution and pleaded false implication. However, he did not choose to lead any defence evidence.;