- (1.) The State of Haryana has filed this application under Section 378(3) Cr.P.C. seeking leave to file an appeal against the judgment of acquittal dated 15.11.2011.
(2.) The respondents were named as accused in FIR No. 111 dated 23.5.2008, Police Station Sadar Narwana for commission of offences under Section 302 and 201 read with Section 34 IPC and Section 25 of the Arms Act, 1959.
(3.) It was an allegation against them that on 22.5.2008, they had committed murder of Kuldeep, brother of the complainant namely Tarsem. FIR was recorded against unknown persons. During investigation, the Investigating Officer had received a message from Police Station Chhachheroli, District Yamuna Nagar to the effect that Geeta alias Kavita alias Rekha alias Mukesh (respondent No.5) was arrested in a criminal case and during investigation, she made a disclosure statement that about one year ago, she along with other respondents/accused had murdered one person and looted his double barrel gun, which was kept by respondent No.1-Samrat Singh alias Sonu. She retracted her statement and made another statement on 17.6.2009, wherein, she stated that she had suffered earlier statement only to save her husband. She further disclosed that on the intervening night of 22/23.5.2008, she along with her co-accused was going to village Mandi Kalan after attending meeting in village Jheel. At about 1.00 A.M. when they reached near Sudkain Minor, one person came there on a motorcycle. He was carrying a gun. He started searching their bags suspecting that they might be carrying liquor. His action resulted into a scuffle between the parties. Ultimately, he was shot dead and his .12 bore gun was taken away by the respondents/accused. The said gun was handed over to respondent No.1-Samrat Singh in the year 2008. The Investigating Officer effected recovery of the offending weapon, recorded statements of the witnesses and after completing other formalities, presented the final report in the Court. The case was committed to the competent Court for trialz. The respondents/accused were charge sheeted to which they pleaded not guilty and claimed trial.;