JUDGMENT

Sukhvinder Kaur, J.

Appellant-Ranjit Kaur has preferred the instant application under Section 378(3) Cr.P.C., 1973 seeking leave to appeal against judgment dated 17.08.2016, passed by learned Sessions Judge, Yamuna Nagar at Jagadhri, vide which respondents No.2 and 3 have been acquitted.

2. Along-with the instant application, an application seeking condonation of delay of 107 days has also been moved.

3. The factual scenario, as highlighted by the prosecution, is that on 16.11.2015, an information was received at Police Station, Bilaspur, that dead body of some unknown person was lying at Kacha Passage in front of Krishna Nand Dera, Kapal Mochan. The police party on reaching there, found that dead body was lying at Kacha Passage leading to the office of Ekta Sahayata Samiti. A shirt, a trousers, a Parna (a cloth for wrapping around head) a single shoe and a bunch of hair were also lying near the dead body, which were converted into separate parcels. Blood stained earth was lifted from the spot and was also converted into sealed parcel. The other shoe was also lying nearby, which was also converted into sealed parcel. Photographs of the dead body with surroundings were taken. Inquest report was prepared. The dead body was shifted to Mortuary of Civil Hospital, Jagadhri, where it was identified to be that of Jaswinder Singh @ Sinda, by his son Balkar Singh and brother Jasbir Singh. Their statements were recorded wherein they stated that on 15.11.2015, in the evening, Kamal Singh and Tony Kumar (the accused in this case) had taken the deceased from his house and thereafter, the deceased had not come back and it was suspected that the deceased had been killed by them. On 20.11.2015, both the accused were produced before the Investigating Officer by their respective fathers. On interrogation, they suffered disclosure statements Ex. PL and Ex.PM, but no recovery was effected pursuant to these statements. Then accused suffered again disclosure statements Ex.PN and Ex.PO on 22.11.2015, pursuant to which they got recovered an iron pipe and an axe and the blood stained clothes from the kitchen of Ekta Sahayata Samiti, Kapal Mochan which were also converted into sealed parcels. Both the accused also demarcated the place of occurrence. After completion of investigation, challan was presented in the Court against both the accused.

4. After finding a prima facie case against the accused, they were charge-sheeted for the offence under Section 302 IPC read with Section 34 IPC, to which they did not plead guilty and claimed trial.

5. After concluding the trial, the trial Court acquitted the accused, namely, Kamal Singh and Tony Kumar.

6. Aggrieved by the said decision, appellant-Ranjit Kaur widow of Jaswinder Singh @ Sinda has preferred the present application for seeking leave, to file an appeal against acquittal of both the accused.

7. We have heard Ms. Deipa Singh, Advocate for the appellant and Mr. Arun Beniwal, Deputy Advocate General, Haryana and have also perused the record.

8. Learned counsel for the appellant has vehemently contended that the trial court, while acquitting respondents No.2 and 3 has held that PW12-Balkar Singh in his cross-examination has stated that on 15.11.2015, respondents No.2 and 3 had visited their house and took away along-with them his father and thereafter, his father did not come back. She has contended that as deceased was not only last seen with the accused persons, rather he was taken away along-with them by the accused persons, then it is a strong circumstance that the murder of the deceased was committed by the accused persons. She has contended that though there is