- (1.) Complainant Raj Kumar, aggrieved by the acquittal of the accused Ashwani Kumari @ Poli and Aman Kumar S/o Ashwani Kumar filed the above application seeking leave to prefer an appeal.
(2.) It is the case of the prosecution that PW3 Raj Kumar alongwith his son Arun (since deceased) was standing near the Disc Jockey (for short 'DJ') in a marriage function. Accused Raghubir, Amarjit (later declared as juvenile) and Monu who had come to attend the marriage were dancing to the tunes of DJ. Arun asked the DJ to change the song, but accused Raghubir, Amarjit and Monu asked him to continue the song. There was an altercation between them. All the three accused started beating Arun. PW3 Raj Kumar, who was the complainant, with the intervention of the relatives rescued his son Arun. After some time, all the three accused, namely Raghubir, Amarjit and Monu again came to the marriage function. When Arun was standing near complainant Raj Kumar, accused Raghubir tried to inflict injury with a knife on Arun who jumped to his side and escaped. Thereafter, accused Amarjit and Monu caught hold of Arun by the arms and accused Raghubir inflicted knife blow on the left side of his stomach. When the complainant tried to rescue his son, the assailants slapped and gave fist blows to him. All the three assailants taking benefit of the crowd collected over there, fled away from the scene of crime with the weapon. Arun was brought to the General Hospital at Ambala Cantt., where he was declared "brought dead".
(3.) Heard the submissions made by learned counsel appearing for the applicant-appellant.;