Mr. Mahabir Singh Sindhu, J.:- The State of Haryana has filed the present application seeking leave to prefer an appeal against the judgement dated 06.10.2016, passed by learned Addl. Sessions Judge, Ambala, for short ‘Trial Court’ vide which the respondents have been acquitted of the charges under Sections 148/149/323/326/307/506 of Indian Penal Code, for short ‘IPC’ .

2. The brief facts are that on 03.11.2014 at about 11.00 a.m., complainant Gabin Punia alongwith his friend Sukha @ Sukhpreet Singh was sitting in the playground of S.D. College, Ambala Cantt., then Ankit @ Tiger came there and asked as to why he was staring at him. Complainant and his friends tried to pacify Ankit, but he took out a knife and threatened with dire consequences and went away.

It is further alleged that at about 1.40 p.m., when complainant and his above friend were sitting near the auditorium in the college, then Ankit, Gurjinder, Ashu, Prince, Jojo and Shehri came there. Ankit was having a knife in his hand and he signaled his friends to attack upon complainant as well as his friend Sukhpreet. Then, complainant and his friend ran towards the college playground, but Gurjinder attacked with sword on the head of Sukhpreet, but he suffered injuries on his hand while saving himself. Thereafter, Shehri, Gurjinder, Jojo, Prince, Ashu encircled Sukhpreet. Ankit and Gurjinder also inflicted injuries on the complainant and the entire occurrence was witnessed by Ajay and Monu and they rescued the complainant and Sukhpreet and ultimately, the injured were taken to Civil Hospital, Ambala Cantt. and from there Sukhpreet was referred to PGI, Chandigarh.

On the basis of the above allegations, an FIR No.393 dated 04.11.2014 under Sections 148/149/323/326/307/506 IPC was registered at Police Station, Ambala Cantt. and after investigation, report under Section 173 Cr.P.C. was submitted. Thereafter, the case was committed to the Ld. Sessions Court. Prima-facie it was found that accused have committed offences under Sections 148, 323, 307 and 506 read with Section 149 IPC and they were charge sheeted under the said offences. All the accused pleaded not guilty and claimed trial.

3. In order to prove its case, the prosecution examined twelve witnesses and also brought on record documentary evidence and entire incriminating material was put to accused/respondents while recording statement under Section 313 Cr.P.C., but they denied the same being falsely implicated and claimed innocence. The respondents did not lead any evidence in their defence.

4. Learned Trial Court after taking into consideration the entire material available on record, acquitted respondents of the charges by granting them benefit of doubt.

5. Hence, the present application for special leave to appeal.

6. Learned State counsel has argued that the impugned judgment is based on surmises and conjectures and the trial Court has ignored the material evidence on record.

7. Heard Ld. State counsel and perused the paper book, but this Court does not find any merit in the submissions.

8. PW-6 complainant deposed that Prince, Arshdeep, Rajat @ Jojo did not cause any injury to him and he was also not able to say as to which accused caused which injury to the injured.

9. PW-7 Sukhpreet deposed that Ankit inflicted a sword blow on his left side of back and he has further stated that he had no enmity with Jojo and Prince and he had also stated that Prince did not cause any injury to any of them.

10. PW-8 Manish Singh I.O. deposed that neither any recovery was effected from Rajat @ Jojo and Prince; nor any material was collected during investigation that Rajat or Prince has caused any injury.

11. PW-9 Sham Lal, ESI deposed that statement of Gurjinder was recorded on 03.11.2014 and he admitted the factum of medico legal report of Gurjinder. He has also stated that he met Ajay and Manish on 03.11.2014, but they did not get recorded their statements and which was only recorded on 05.11.2014. This witness has