Judgment

Arijit Pasayat, J.—Leave granted.

2. 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’).

3. Respondents faced trial for alleged ­commission 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’). 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 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). Accused persons took the plea of false implication and attributed assaults on the accused persons by the deceased and Nafe Singh (PW-5). Three witnesses were examined to further the defence version of false