- (1.) This application has been filed under Section 378(4) Cr.P.C. with a prayer to grant leave to file an appeal against judgment dated 28.4.2011, acquitting respondent Nos.2 to 4 of the charges framed against them.
(2.) Brief facts of case of the prosecution were noted by the trial Judge as under:- "Briefly, the prosecution story is that PW1 Shashi Bhushan Randev had two sons, namely, Sudhanshu Kumar Randev and Himanshu Kumar Randev. Himanshu Kumar Randev had already expired and Sudhanshu Kumar Randev was working as Sainik Welfare Officer at Fatehgarh Sahib at present and his family was residing at Chandigarh. Shashi Bhushan Randev was living with his wife Kanta Randev, daughter-in- law Rashmi Randev, widow of Himanshu Kumar Randev, her son Jaideep Randev and her daughters Jaintika and Anantika in a house near D.C. Crossing, Kapurthala, Jaintika had done her B.A. M.S. and she wanted to marry with one Devender Singh, who belongs scheduled caste and thus, the accused used to oppose this marriage. On 19.1.2010, the family members of Devender Singh came to the house of Shashi Bhushan Randev where Rashmi Randev, her brother Yashpal and his mother Kaushalya Devi had also arrived, but they did not agree for the marriage, since, it was inter caste and love marriage. Then, all of a sudden, Jaideep Randev and Rashmi Randev started beating Jaintika mercilessly. Then, Shashi Bhushan Randev and his wife Kanta Randev intervened. Upon this, Jaideep Randev caught hold of Shashi Bhushan Randev from his neck and also gave slaps on his face, while accused Rashmi Randev gave slaps and fist blows on the person of Kanta Randev and pushed her on the ground. Upon this, Jaintika Randev tried to save Shashi Bhushan Randev and his wife Kanta Randev, Charanjit Sharma, relative of Rashmi Randev was also present there, who also bit them.
(3.) Then, bleeding started from the nose of Kanta Randev and she was brought to the Clinic of Dr.Sarabjit Singh, where she was declared dead. However, Jaintika got married with Devender Singh in a Gurudwara despite the opposition of her parents. The news regarding the death of Kanta Randev and the marriage of Jaintika was given to PW12 Col. Sudhanshu Kumar Randev, the other son of Shashi Bhushan Randev, who came to Phagwara on 22.1.2010 and was going to police Station City Kapurthala to lodge the F.I.R., but SI Charanjit Singh who was posted there as S.H.O. met him on the way alongwith other some police o icials and got recorded his statement Ex.PG to the above said effect." 3. Statement of the complainant was recorded by SI Charanjit Singh, whereupon an FIR was recorded against the above respondents. After completion of investigation, the accused were charge sheeted, to which they pleaded not guilty and claimed trial. The prosecution produced 19 witnesses and also brought on record documentary evidence to prove its case. On conclusion of prosecution's evidence, statements of the 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. However, they led no evidence in defence.;