- (1.) This application has been filed by the applicant-complainant Avinash Singh PW-1 under Section 378 (4) Cr.P.C. seeking leave to file an appeal against judgment of acquittal dated 22.3.2012.
(2.) Respondents No.2 and 3 were arrayed as accused in FIR No. 12 dated 10.2.2010 Police Station Phillaur, District Jalandhar. It was an allegation against them that they on 10.2.2010, had made an attempt to kill the applicant-complainant. The trial Judge has noted following facts regarding case of the prosecution :- "In brief, the story of the prosecution is that on 10.2.2010, ASI Subhash Bath alongwith other police officials in connection with patrol duty was present at T-Point, village Nagar, where Avinash Singh son of Gurmail Singh got recorded his statement to the effect that he is resident of village Lasara and is agriculturist. They are four brothers and have purchased 41 kanals of land from Balvir Kumari and her family through registered sale deed and mutation was also sanctioned in their favour. Out of 41 kanals of land, 5 kanals of land was withheld forcibly by Dalip Kumar, the foster son. In this regard they had filed a case in the court of D.R. O. Jalandhar, which was decided in his favour as well as in favour of his brothers. For the purpose of taking possession, they along with Jasbir Chand Kanungo and Sukhbir Singh Halqa Patwari, came present and summoned Dalip Kumar but he did not turn up. Consequently, the Kanungo took the measurement and delivered the possession and went away. At about 2.30 P.M., he along with his brother Harjap Singh were ploughing the field with the Ford Tractor, then Vandana Kumari, wife of Dalip Kumar armed with Revolver came to the spot and restrained him from ploughing the field. Accordingly, he told Vandana that the possession has been delivered to them. Upon this she made two fires with the revolver which struck on the right side of the tires of their tractor. Thereafter leaving the tractor at the spot, he along with his brother ran away from the spot to save themselves. Dalip Kumar was also accompanying Vandana Kumari, who fired upon them."
(3.) The Investigating Officer ASI Subhash Bath PW-3 recorded statement of the complainant Ex.PA and sent it to the police station whereupon above FIR was recorded against respondents No.2 and 3. The Investigating Officer then went to the place of occurrence, got prepared a rough site plan of the place with correct marginal notes. He also recorded statements of the witnesses. Accused were arrested in the meantime. On disclosure statements made, a revolver of .32 bore (Ex.P-2) along with two empties and four live cartridges were recovered from them. On completion of investigation, final report was put in Court. Copies of the documents were supplied to the respondents-accused as per norms. The case was committed to the competent Court for adjudication. The accusedrespondents were charge-sheeted to which they pleaded not guilty and claimed trial. The prosecution produced 7 witnesses and also brought on record documentary evidence to prove its case. On conclusion of the prosecution's evidence, statements of the respondents-accused were recorded under Section 313 Cr.P.C. Incriminating material existing on record was put to them, which they denied, claimed innocence and false implication. It was specifically stated by them that no incident, as alleged by the prosecution, had taken place. In the pending litigation, regarding partition of the land in dispute, stay order was granted by the Commissioner before the alleged occurrence. The respondents-accused also led evidence in defence.;