Accused persons took the plea of false implication and attributed assaults on the accused persons by the deceased and Nefa Singh PW 5 .
The date and time of occurrence was stated to be 23.2.1999 at about 6.00 a.m. There were two eyewitnesses to the occurrence namely Parma Nand PW 4 , the informant and Nafe Singh, the injured PW 5 .
The accusations against the accused persons were that they formed an unlawful assembly and being members of such unlawful assembly, they trespassed into the house of one Dalel Singh hereinafter referred to as the deceased and inflicted injuries on him and his son Nafe Singh PW 5 by deadly weapons which they were carrying.
The trial Court found the evidence of witnesses to be credible and companyent and found that some of the accused persons were responsible for the injuries on the deceased and the injured PW 5.
The State of Haryana questions legality of the order passed by the Division Bench of the Punjab and Haryana High Court dismissing its application under Section 378 3 of the Criminal Procedure Code, 1973 in short the Code .
Arising out of S.L.P. Crl.
Three witnesses were examined to further the defence version of false implication.
3370 of 2003 ARIJIT PASAYAT, J. Leave granted.
Respondents faced trial for alleged companymission of the offences punishable under Sections 148, 302, 452, 506, 323 read with Section 149 of the Indian Penal Code, 1860 in short the IPC .
