- (1.) The present petition, under section 378 (4) of the Code of Criminal Procedure, has been filed against the judgment dated 17.9.2009, passed by the learned Additional Sessions Judge, Faridkot, whereby the appeal filed by respondent Nos. 2 to 5 against the judgment of conviction and order of sentence dated 24/26.7.2008, passed by the learned Judicial Magistrate, 1 st Class, Jagadhri, was allowed and the said respondents were acquitted of the charges in FIR No.206 dated 11.8.1998, registered under Sections 323, 325/34 of the Indian Penal Code.
(2.) The prosecution case in brief is that on 8.8.1998, injured Gulshan Kumar and his brother Pardeep Kumar were present at their residence. In the meantime, Ilam Chand alongwith his two sons namely Ravinder Kumar, Brijbhushan and one Naresh Kumar exhorted while standing in front of their house. When the complainant and his brother came out, the assailants -accused, who were armed with lathis and axe, inflicted various injuries to them. The motive is alleged to an old dispute between the parties. The assailants had fled away from the spot. FIR was registered against the accused. After completion of investigation and recording the statements of the witnesses, the challan was presented.
(3.) After perusing the challan and the documents referred therein, the accused were charged under Sections 323, 325 read with Section 34 of IPC, to which they did not plead guilty and claimed trial. In order to bring home guilt against the accused, the prosecution examined as many as seven witnesses and closed its evidence. When examined under Section 313 Cr.P.C., the accused persons denied all the incriminating circumstances appearing in the prosecution evidence and pleaded innocence and false implication. After analysing the evidence led by the parties and hearing the learned counsel for the parties, the learned trial Court convicted the said respondents. Feeling dissatisfied with the same, the convicted persons preferred appeal, which was allowed and they were acquitted of the charges. The State has filed this petition under section 378 (4) Cr.P.C, seeking leave to appeal.;