Court No. - 47
Case :- GOVERNMENT APPEAL No. - 460 of 2013 Appellant :- State Of U.P. Respondent :- Badlu Yadav And Anr. Counsel for Appellant :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Ashutosh Pandey, learned counsel for the appellant.
This appeal of acquittal has been filed from order of Sessions Judge, Hamirpur dated 26.10.2012 passed in S.T. No 86 of 2004 (State Vs. Badlu Yadav and another) arising out of Case Crime No. 58 of 2004 under Sections 302, 201 I.P.C., Police Station- Sumerpur, District- Hamirpur.
It is alleged that Shatrughan Yadav, brother of the informant was missing since 10.2.2004 in night and FIR was lodged on 12.2.2004 at 8:30 PM by Prem Narayan PW-1. In the FIR it has been stated that Shatrughan Yadav aged about 22 years went to sleep at the cattle house on 10.2.2004 at about 9:00 to 10:00 PM. In the morning, the door of the cattle house was found open but Shatrughan Yadav was not found present there. The family members then began to search him. On 12.2.2004, dead body of Shatrughan Yadav was found in the field of pea of Ram Kishori. On the body of Shatrughan Yadav gun shot injuries in his stomach was seen and a pistol of 315 bore found near the dead body. In the FIR nobody was named as accused. The statement of Smt. Vishuna Devi PW-5 was recorded by Investigating Officer on 15.2.2004 then for the first time she stated that on 10.2.2004 at about 10:00 to 11:00 PM Badlu Yadav and Pappu Dhobi were knocking door of the cattle house where Shatrughan Yadav was sleeping. Since Badlu Yadav and Pappu Dhobi were friends of deceased Shatrughan Yadav and with whom the deceased used to go to see movie, at that time she did not suspect anything. On the basis of the statement of Vishuna Devi the respondents were made accused by the I.O. in the present case.
In order to prove the prosecution story, the prosecution examined Prem Narayan PW-1 the complainant, Shiv Narayan PW-2 brother of the deceased, Dr. P.N. Parya PW-3 to prove post mortem report, Constable Chandrabhan Dwivedi PW-4 to prove Chik FIR, Smt. Vishuna Devi PW-5 mother of the deceased and Sub-Inspector A.P. Pandey PW-6 the Investigating Officer. Out of these witnesses only evidence of Smt. Vishuna Devi is to the effect that she had seen the accused while knocking the door of her cattle house where deceased was sleeping on 10.2.2004 between 10:00 to 11:00 PM.
In the present case, there is no motive with the deceased and the only allegation has been made that Prem Narayan PW-1 while laying the bricks on road some part of the Chabutara of Badlu Yadav and Pappu Dhobi were cut in, upon which they have done some quarrel at that time. Thus, the motive whatever, it was with Prem Narayan, who was Up-Pradhan of village and not with Shatrughan Yadav. On the other hand, Vishuna Devi PW-5 mother of the deceased had stated that the accused were friends of Shatrughan Yadav and he used to go with them to watch vedio. Thus, the motive in the present case is not proved.
Apart from last seen evidence of Vishuna Devi, there is no other circumstance which connected the accused from the offence. So far as the statement of Vishuna Devi is concerned, although the deceased was missing since 10.2.2004 but she has not expressed her suspicion even on 12.2.2004 when the FIR was lodged. For the first time, in her statement under Section 161 Cr.P.C. recorded on 15.2.2004 she expressed her suspicion. Thus, the last seen evidence is only to the effect that the accused were seen while knocking the door of the deceased and nothing more than that. It is very weak evidence and apart from it there is no other evidence on record connecting the respondents from the offence.
The order of acquittal does not require any interference by this Court, the appeal lacks merit.
Accordingly, the application seeking leave to appeal is rejected and consequently the appeal is also dismissed.
Order Date :- 22.2.2019 Ashutosh Pandey