- (1.) This application has been filed under Section 378(4) Cr.P.C. for grant of leave to file an appeal against the judgment of acquittal (qua respondents No.2 and 3) dated 28.1.2012.
(2.) As per the facts on record, besides respondent No.2-Sunil and respondent No.3-Amit, Santosh alias Sanesh and Rajesh alias Bholu were put to face trial for commission of offences under Sections 302, 201, 34 & 120-B IPC and Section 25 of the Arms Act, 1959. FIR bearing No. 57 was recorded against them on a statement made by Ram Kishan (PW.4), father of deceased Rakesh. His statement was recorded by Sub Inspector Om Parkash (PW.10). The trial Judge has noted the following facts regarding case of the prosecution from the statement made by Ram Kishan (PW.4):- "that he was an ex-serviceman and was working as a Clerk in Laxmi Narayan Ayurvedic Hospital, Chjarkhi-Dadri. He was having four children, one son and three daughters. All the children were married. Since the last 21/2/3 years his son Rakesh was working as Coupon-distributor in Vodafone Agency, owned by Basant Kumar son of Norang Rai resident of village Ranila. He used to distribute coupons in villages Morwal, Bhagvi, Nimli and Sarupgarh. On 27.1.2010 at about 6.00 PM, he received a telephonic call from Seth Basant Kumar, who asked him as to whether he had received any telephone from his son Rakesh. He told him that he had not received any telephone from Rakesh. Basant Kumar told him that Rakesh had gone by motorcycle Hero-Honda Splendor No. HR-19C-7997 to distribute the coupons in the villages and at about 2.00 PM he had started from village Shimli for Bhagvi but till that time he had not reached and his mobile phone No. 9991166357 was also coming switched off from 2.15 PM. Basant Kumar asked him to locate his son Rakesh in the relations and he has raised suspicion of kidnapping and also asked to report the matter to the police. Thereafter, he along with Basant Kumar and many other boys started searching Rakesh. When they were going from village Sarupgarh to Bhagvi at about 12.30 AM, they saw some blood and bullets lying on the road. On search, they found the motorcycle No. HR19C-7997 and dead body of Rakesh lying in the fields of mustard crop. His son has been killed by some un-known persons and his dead body was thrown in the mustard crop."
(3.) In the First Information Report, initially the respondents and their companions were not named as accused. All the four accused were in custody in another FIR bearing No. 178 dated 9.5.2010. They were arrested in this case and on interrogation they made disclosure statements admitting their guilt of killing Rakesh on 27.1.2010 at about 2.00 P.M. A country made pistol of .32 bore along with one live cartridge was got recovered by Santosh alias Sanesh which was taken into possession against a recovery memo. The above named accused also got recovered one purse and a driving licence of the deceased. In the same fashion, on interrogation accused Rajesh alias Bholu got recovered a bag of the deceased. A motorcycle bearing registration No. HR-16-B-5266 was got recovered by respondent No.2. The vehicle was allegedly used to commit murder of Rakesh. All the accused also got demarcated the place of occurrence. Respondent No.3-Amit was shown as a conspirator to kill the deceased. On completion of the investigation final report was put in the Court. Copies of the documents were supplied to the accused, as per norms. Their case was committed to the competent Court for trial. Vide order dated 5.8.2010. In the meantime, Rajesh alias Bholu accused was declared as juvenile and vide order dated 19.7.2010, his case was transferred to the Juvenile Justice Board at Bhiwani. The remaining three accused were charge sheeted on 30.8.2010 to which they pleaded not guilty and claimed trial.;