- (1.) The applicant has filed this application under Section 378(4) Cr.P.C. seeking leave to file an appeal against the judgment dated 16.1.2012 vide which the respondents were acquitted of the charges framed against them under Section 307 IPC. Vide above judgment, the respondents were convicted for commission of offences under Sections 326, 324 and 34 IPC and vide a separate order of even date, they were sentenced for commission of the above offences.
(2.) As per the facts on record, in FIR No. 6 dated 2.1.2004, the respondents were arrayed as accused for commission of offences under Sections 307, 326, & 451 IPC and Sections 27 & 30 of the Arms Act, 1959. The process of law was initiated on a statement Ex.PA made by Chandan Ram (PW.1). The trial Judge has noted the following facts regarding case of the prosecution:- "that on 2/1/2004, complainant Chandan Ram along with his wife Jagir Kaur was present in his fields and was putting fodder in the manger. At about 1.00 PM, accused Karamjit Singh armed with pistol, accused Darshan Singh and Raj Singh armed with Gandasis entered the house of complainant. Immediately on entering, accused Karamjit Singh fired from his pistol towards the complainant which hit on the forehead of the complainant. Accused Karamjit Singh also made two air fires. Accused Darshan Singh inflicted gandasi blow on his head and accused Raj Singh also inflicted gandasi blow on the head of the complainant. Resultantly, the complainant became unconscious and fell down on the ground. The wife of the complainant raised an alarm which attracted Krishan Kumar and Nishan Singh, who took the injured to Rajindra Hospital, Patiala and got him admitted in the hospital."
(3.) Head Constable Chand Gir (PW.7) after receiving a wireless message reached at Rajindra Hospital, Patiala, where he recorded the statement of Chandan Ram (PW.1), sent a ruqa to the police station which led to the registration of an FIR Ex.PA/2. It has come on record that accused Karamjit Singh was also lying admitted in Rajindra Hospital at Patiala at the same time. The Investigating Officer visited the place of occurrence, prepared a rough site plan with correct marginal notes and also recorded the statements of Jagir Kaur (PW.2) and one Ajmer Singh.;