JUDGMENT :

SUDHANSHU DHULIA, J.

1. Leave granted.

2. Heard Shri Ram Naresh Yadav learned Counsel for the appellant/complainant, Shri Vishal Mahajan, Deputy Advocate General for the State/Respondent No. 1 and Shri Shreeyash U. Lalit learned Counsel for Respondent No. 2.

3. The appellant before this Court was the informant in the case and was a prosecution witness (PW-9), in Sessions Trial No. 8/2018, which is being held before the Additional Sessions Judge, Sirsa, Haryana, under Sections 458, 460, 323, 302, 148, 149 and 285 of IPC, 1860 read with Section 25 of Arms Act, 1959. The incident is of 12:30 mid night dated 07.09.2017 which occurred at Sirsa, Haryana. The First Information Report reveals that there were in total fifteen assailants which had broke open the complainant’s house, in the middle of the night and had come in order to assault the inmates of the house. Out of these assailants seven have been named who were armed with lathi and three of the named assailants/accused namely Ramesh Gandhi, Kalu Jakhar and Pawan were armed with gun and pistols respectively. Police after investigation had filed chargesheet against nine persons, but not against Ramesh Gandhi, Kalu Jakhar or Pa