- (1.) CRM No. 49037 of 2012 After hearing counsel for the applicant, application is allowed. Delay of 53 days in filing the appeal stands condoned.
(2.) CRM-A No. 698-MA of 2012 This application has been filed under Section 372 read with Section 378(4) Cr.P.C. seeking leave to file an appeal against judgment dated 11.4.2012 and order dated 12.4.2012. It is necessary to mention here that vide the above judgment respondents No.3 and 4 were acquitted of the charge framed against them whereas respondent No.2 was convicted. Vide above order respondent No.2 was sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 2,000/- for commission of an offence under Section 307 IPC with a default clause. Under Section 323 IPC, he was sentenced to undergo rigorous imprisonment for year year. By filing this writ petition a prayer has been made to assail acquittal of respondents No.3 and 4 and further to enhance sentence awarded to respondent No.2.
(3.) As per facts on record, above respondents were named as accused in FIR No. 172 dated 5.6.2008 for commission of offences under Sections 323, 307 and 387 IPC and 25 of the Arms Act, 1959 Police Station Mohindergarh. It was an allegation against respondent No.2 that he had fired a shot upon the applicant on 5.6.2008. A telephonic message was received in the police station regarding admission of the applicant in PGI, Rohtak. ASI Ram Karan PW-10 went to PGI, Rohtak and recorded statement of the applicant/ complainant Ex.PA. The trial Judge has noted the following facts from the statement Ex.PA made by the applicant/complainant :- "that he is resident of village Jhagroli. He is the sole son of his parents and is a goldsmith by profession. About one and half month ago his uncle's (Tau) son Sarwan Kumar who at presently is residing in Jaipur came to the village Jhagroli. Later on fled away after fighting and quarreling with him and his family members. On 5.6.2008 at about 10.00 A.M. when he was working in front of his shop Sarwan Kumar in an Alto car bearing No. RJ 14-C-1506 came there and after taking a pistol fired on him. The pistol shot hit him in the area around his right ribs. The complainant while raising the noise that Sarwan has fired on him, caught hold Sarwan with both his hands. In the process of grappling between the complainant Narender Kumar and Sarwan; the pistol fell down from the hand of the Sarwan. Whereafter Sarwan took out a Knife like object and gave a blow of the same on the left side of the complainant's head. In the meantime on hearing the complainant's noises, complainant's father Rajender and complainant's wife Neelam along with the other neighborers came there and rescued the complainant from Sarwan. The accused Sarwan after throwing the knife ran away in his Alto car. The complainant was brought to PGIMS Rohtak by his father. The accused Sarwan tried to kill the complainant by firing pistol shot on him and by inflicting injury on his head with a knife like object. The accused Sarwan was saying that if Rs. 50,000/-are not given to him then he would kill the complainant.";