- (1.) In FIR No. 20 dated April 29, 2010, respondents No. 1 and 2 were arraigned as accused along with Balkar Singh, Ram Dhan, Nirmal alias Nima, Ram Chander and Ninder Singh alias Jaswinder Singh for commission of offences under Sections 307/323/324/34 IPC. Vide judgment dated October 17, 2011, others were convicted for commission of the above offences. However, both the respondents were acquitted by giving them benefit of doubt. The State of Haryana has filed this application under Section378(3) Cr.P.C. seeking leave to file an appeal against judgment dated October 17, 2011, giving benefit of acquittal to the respondents.
(2.) After hearing counsel for the applicant, this Court is not inclined to interfere at its instance.
(3.) The process of law was set in motion on a statement made by Salochana Devi (PW5). Her statement Ex. PB was recorded by H.C. Jai Pal (PW11), on the basis of which a DDR Ex. PR was recorded in Police Station Naggal on February 9, 2010. As per facts on record, between 10 th of February, 2010 to 29 th of April, 2010, no investigation was conducted in this case.;