Court No. - 47
Case :- GOVERNMENT APPEAL No. - 7400 of 2017 Appellant :- State Of U.P. Respondent :- Kaliram And Another Counsel for Appellant :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Nafees Ahmad, AGA for State of UP.
This appeal of acquittal has been filed from the judgement of Additional Sessions Judge Court No. 3, Muzaffarnagar dated 9.8.2017 passed in S.T. No. 350 of 2008, (State Vs. Kaliram and others) arising out of Case Crime No. 797 of 2007, under Section 302 read with Section 34 IPC, P.S. Thana Bhawan, Distt. Shamli.
In the FIR, it has been stated that on 19.11.2007 at about 06:00 PM when the informant Jasvir along with deceased Shivraj@ Monu were sitting at his house then Atra, Kaliram, Vedpal and Bhopal came to the house of the deceased and took him under the guise that they would settle their dispute relating to land. When Shivraj @ Monu did not return to his house up to 10:00 PM then they begun to search him but he could not be traced out in night. In morning of 20.11.2007 at about 09:00 AM, Raj Kumar and Satpal informed that in the previous night when they were coming from their field then they found that Kaliram, Atra, Vedpal and Bhopal were assaulting Shivraj @ Monu in the field of Ratan Singh son of Ram Singh. Then the informant went to the field of Ratan Singh and found the dead body of Shivraj @ Monu, there.
In order to prove the prosecution case, the prosecution examined, Jasbir Singh, (PW-1), Rajkumar (PW-2), Satpal Singh (PW-3), Dr. Yogendra Tirkha (PW-4), H.C.P. Rakam Singh (PW-5), Sub Inspector Indal Singh (PW-6) and Inspector Rajesh Kumar Chauhan (PW-7).
According to postmortem report as proved by Dr. Yogendra Tirkha (PW-4), there was single gun shot injury on the chest of the deceased from where tikkali (wedding pieces) and four pellets were recovered. The cause of death was mentioned as shock and hemorrhage as a result of ante mortem fire arm injuries.
So far as Satpal Singh (PW-3) is concerned, he could not support the prosecution story. Raj Kumar (PW-2) in his examination in chief has supported the prosecution version that when he was returning at 10:00 to 11:00 PM on 19.11.2007 from his field then he found that Kaliram, Atra, Vedpal and Bhopal were assaulting the deceased Shivraj @ Monu in the field of Ratan but in cross examination he disown his previous statement and had stated that he had not seen the incident. His previous statement is also not corroborated with the postmortem report inasmuch as in previous statement role of assault has been assigned to all the four accused but in postmortem report single gun shot injury was found. This was a night incident and was a case of hit and run. It appears that nobody had seen the incident.
In the circumstances, the order of acquittal does not suffer from any illegality.
Leave to appeal is rejected. The appeal is dismissed. Order Date :- 26.2.2019 Rahul Dwivedi/-