- (1.) This application has been filed under Section 378(4) read with Section 482 Cr.P.C. seeking leave to file an appeal against judgment dated 13.6.2012. It is necessary to mention here that vide the said judgment, respondents No.4 & 5 were acquitted of all the charges framed against them, whereas respondents No.1 to 3 were acquitted of a charge framed against them under Section 307 IPC. However, they were convicted and sentenced for commission of offences under Sections 323, 325 & 506 IPC read with Section 34 IPC.
(2.) As per record, all the accused were arrayed as accused in FIR No. 132 dated 23.3.2010, Police Station Camp Palwal and also under Section 25 of the Arms Act, 1959. It was an allegation against them that on 23.3.2010, they had caused injuries to Devender Kumar, applicant and one Raguram.
(3.) The trial Judge has noted the following facts regarding case of the prosecution:- "2. The case of the prosecution, in brief, is that on 23- 03-2010 ASI Krishan Kumar alongwith constable Mahender and EHC Naresh Kumar driver of Govt. Gypsy No. HR38M/1310 was present near Dholapur village for patrolling then an intimation was received from police station regarding admission of Devender Kumar and Raguram in Om Hospital, Palwal. On receipt of intimation, ASI Krishan Kumar along with other police officials went to Om Hospital, Palwal. He sought the opinion of the doctor regarding fitness of the injured to make the statements. Then he recorded the statement of Devender Kumar son of Mohan Pal, resident of Radha Colony, Palwal. He stated that he is running an ice factory. On that day, at about 8.30 p.m. when he was sitting in his ice factor then suddenly 5-6 persons came there and one of them was holding a pistol who put the same on his tempel and other assailants started giving iron rod blows to him. He received severe injuries on his eyes, nose, back etc. During the scuffle, the assailants also snatched gold chain worth Rs.15,000/- from his neck and he made a noise of hearing upon which his servant Raguram came on the spot and tried to rescue him but the assailants also gave beatings to him. In the meanwhile, his brother Jawahar and his son Bhushan reached on the spot and on seeing them the accused persons fled away from the spot and one of the accused fired towards them and then Jawahar could hardly save himself from that fire. Two of the assailants namely Saleem and Sibba were identified. Then he was brought to hospital for medical treatment.";