An appellate court shall not interfere with an order of acquittal unless the trial court’s findings are perverse, manifestly erroneous, or untenable in law. Where the view taken by the trial court is plausible and supported by evidence, the appellate court must not substitute its own opinion.

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N.S.Shekhawat J.

1. This order shall dispose of above mentioned two cases i.e. CRA-D 314-DBA-2003 titled as “State of Haryana Vs. Suresh Kumar and others” and CRR-563-2003 titled as “Ramesh Kumar Vs. State of Haryana and others”, which have been filed against the common impugned judgment dated 16.10.2002, passed by the Court of Additional Sessions Judge, Fast Track Court, Sonipat, whereby, the private respondents in both the cases were ordered to be acquitted by the trial Court.

2. During the pendency of the present appeal, respondent No.1- Suresh Kumar, respondent No.2, Ishwar, respondent No.6-Ram Singh and respondent No.7 Maha Singh in CRA-D-314-DBA-2003 had expired and the appeal against them already stood abated, vide order dated 26.09.2024.

3. The FIR (Ex.PE) in the present case was registered on the basis of the statement made by Ramesh son of Bhalle Ram and the same has been reproduced below:-

“Statement of Ramesh s/o Bhalle Ram, Jat R/o Ahulana aged 33 years. Stated that I am an agriculturist. My father has two brothers, out of whom eldest Sheoram has expired, younger to him is Duli Chand and the youngest is my father, Bhalle Ram. One son of my tau Duli Chand is Mahender, aged 46/47 years. Today in the morning, I had come to my field called Kallarwala khet. Drizzling started. To save myself from the drizzling, I was standing under a kikar tree near the road. Mahender S/o Duli Chand, Jat resident of Ahulana along with brother-in-law of my younger brother Ishwar, namely Devender S/o Hoshiar Singh, Jat resident of Bhawad, Police Station, Baroda sitting with him on his motor cycle Hero Honda No HR-06B/1888 were going to Gannaur from the village, who had come to offer the Diwali gifts to our house, reached in front of our Kallerwala khet at about 11.15 O' clock during day and seeing me, Mahender stopped his motor cycle and brother-in law of my brother, namely Devender got down from the motor cycle and Mahender remained seated on his motor cycle. I was talking with Devender when Anand S/o Ishwar, Yudhvir S/o Ishwar, Suresh S/o Ram Singh, caste Jat residents of Ahulana came travelling in white colour Esteem Car and parked the esteem car in front of motor cycle of Mahender Singh. In the meantime, within our view, Raj Kumar S/o Dharam Singh @ Mahal, Jat resident of Ahulana who was wearing black raincot and Bijender @ Kala S/o Ishwar Jat, resident of Ahulana who was a pilion rider came on Hero Honda of red colour motor cycle from the side of village Ahulana and stopped the motor cycle near the motor cycle of Mahender and Bijender @ Kala who was in possession of pistol or revolver fired direct shot on Mahender from behind. On hit by the shot, Mahender fell down in middle of the road with his motor cycle on left side. Raj Kumar parked his motor cycle and Bijender @ Kala fired 4/5 shots on my fallen brother Mahender. I and Devender tried to catch them, then Raj Kumar said that if you will come near, then I will shoot you also. Then Anand said in his raised voice that work is complete and run away. On saying this by Anand, Raj Kumar and Bijender @ Kala sat their motor cycle Hero Honda and Anand, Yudhvir and Suresh boarded in their esteem car and ran away towards Gannaur with their pistol and revolver. Then I and Devender saw Mahender but he had died after sustaining bullet shot wounds behind his left shoulder, on the right ear, right temple, under the right eye and on the forehead on the head from whi