Court No. - 52
Case :- GOVERNMENT APPEAL No. - 345 of 2014 Appellant :- State Of U.P.
Respondent :- Lalla Babu Alias Shivraj Singh Counsel for Appellant :- G.A.
Counsel for Respondent :- Jitendra Kumar,Santosh Kumar Tiwari
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Rajiv Gupta,J.
Heard Sri D.D. Chauhan, learned AGA for the State of U.P..
This government appeal has been filed against the judgment of Addl. Sessions Judge, Court No. 1, Rampur dated 23.10.2013 passed in S.T. No. 369 of 2012 arising out of Case Crime No. 770 of 2011, under Sections 364, 506 IPC, P.S. Patwai, District- Rampur.
In substance in the FIR, it has been alleged that on 29.5.2011 at about 1 p.m., the first informant Aas Mohammad and abductee Behari Lal were going to his in- laws house at Sahbiyan Khurd and as soon as they reached on the canal of Sahbiyan Khurd, then two persons riding a motor-cycle stopped them and asked as to who amongst them is Behari Lal and why they are bearing enmity with Lalla Babu who has sent him to set them right and he asked him to accompany them. On raising objection they forcibly made Behari Lal to sit on the motor cycle and abducted him.
In order to prove the prosecution case, the prosecution examined Aas Mohammad (P.W.-1), Munishpal Singh (P.W.-2), Behari Lal (P.W.-3), Rajveer (P.W.-4), Constable Chandrapal Singh (P.W.-5) and S.I. Susheel Kumar (P.W.-6). Out of these witnesses, Munishpal Singh (P.W.- 2) was independent witness but he did not support the prosecution case. So far as the statement of Behari Lal (P.W.-3) is concerned, he had stated that he was detained for 7-8 days in a room from where he was able to flee away after getting a chance but he could not give the location of that room in which he was kept from where he fled away. Thus, his statement has not been found to be reliable and worth credence.
The motive of the incident is alleged to be pradhani enmity between the family of Behari Lal and Lalla Babu. So far as the statement of Behari Lal is concerned, it was found that Lalla Babu was elected as pradhan after removing brother of Behari Lal about 20 years back. Thus, this was an old enmity and it could not be a motive for the incident. So far as the other motive that abductee Behari Lal was pressurized for not giving evidence against Lalla Babu is concerned, nothing in respect of the said pending case against Lalla Babu has been specified.
In such circumstances, the order of acquittal does not require any interference by this Court. The leave application is rejected. Consequently, the appeal is dismissed.
Order Date :- 26.4.2019 KU