- (1.) CRM 70544 of 2012 In view of reasons mentioned in this application which is accompanied by an affidavit, it is allowed and 212 days delay in filing the application seeking leave to file an appeal stands condoned.
(2.) CRM A -933 -MA of 2012 The applicant-complainant has filed this application under Section 378(4) Cr.P.C., seeking leave to file an appeal against judgment dated 25.2.2012, vide which respondent Nos.2 and 3 were acquitted of the charges framed against them.
(3.) It was an allegation of the complainant that on 24.7.2008, Vinod- respondent No.2 had caused a fire arm injury to him. Process of law was started on a wireless message received in police post Sector 11-12, HUDA, Panipat regarding coming of Jitender complainant to BSSR, Panipat in an injured condition. When the police officials reached the above hospital, they were intimated that the injured had since been referred to PGIMS at Rohtak. SI Bhim Sain (PW15) went to Rohtak, on inquiry, the injured was declared unfit to make a statement by a doctor. In the meantime the injured was shifted to Prem Hospital and the above witness visited that Hospital at Panipat and recorded statement of injured/ Jitender (PW14). The trial Judge has noted the following facts from his statement:- "that on 24.7.2008, he had come to Panipat for purchasing poultry articles. At Ram Lal Chowk, Vinod son of Gaje Singh of his village met him, who informed Rajan son of Randhir Singh resident of Deh telephonically to meet at Sanjay Chowk. He (Jitender) and Vinod went to Sanjay Chowk in a car where Rajan met them. All three of them went to Mittal Mega Mall Sector-25 in the said car and purchased ticket but the time of show was 3.30 o'clock. Hence, all three of them, in the same car, went to Ahuja Sweets, Sector 11 for taking some snacks, where they took tea in upper portion. There, they had some scuffle with 3-4 boys, sitting on neighbouring table. Vinod took out his licensed pistol and fired one or two shots in air. Two shots had been fired from pistol of Vinod which hit on right arm and right side of neck of Jitender. Vinod and Rajan took Jitender to Civil Hospital, Panipat in the same car and fled away after leaving him there. While on the way to hospital, Jitender had telephonically informed his uncle Ranbir Singh son of Sanehi Ram, who arrived at Civil Hospital, Panipat and got him admitted in hospital for treatment injured also produced his medico legal report No.KV/69/GHNPNP/7108 to Assistant Sub-Inspector in which doctor had opined three injuries, which had been advised for x-ray examination.";