Court No. - 47
Case :- GOVERNMENT APPEAL No. - 8134 of 2006 Appellant :- State Of U.P.
Respondent :- Nasir & Others Counsel for Appellant :- Govt. Advocate
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard A.G.A. for State of U.P.
This appeal has been filed against the judgment of acquittal dated 13.9.2006 passed by Special Judge (DAA) Hamirpur in S.T. N.147 of 1990 (State vs. Naseer and others) arising out of Case Crime No.62/90 under Sections 364, 302, 201, I.P.C. P.S. Sumerpur, district Hamirpur.
It is alleged that the deceased Shyam Narain aged about 20 years was taken away somewhere by accused Naseer and Yogesh from his house at about 7-00 P.M. on 15.12.1989. Thereafter a headless body was found on 20.12.1989 near the village Bidokhar, which was the village of the accused. The information regarding recovery of the headless body was noted in the Case Diary on 20.12.1989 through Rapat No.13 at 8-40 A.M. At that time it was not suspected that the body belonged to deceased Shyam Narain and after post mortem the police disposed of the dead body taking it unclaimed.
An F.I.R. was lodged on 22.1.1990 by Rameshwar father of the deceased. Thereafter it was stated that accused Yogesh was arrested by the police and when he was interrogated then he disclosed that Naseer and he had committed the murder of Shyam Narain on 15.12.1989 and amputated head as well as clothes were thrown in the well. This disclosure statement was recorded on 30.6.1990 and on that basis the amputated head and clothes were recovered from the well. The police after completion of the investigation submitted charge sheet against the accused Yogesh Kumar and Naseer. Yogesh Kumar died later on.
In order to prove the prosecution story the prosecution examined Rameshwar, father of deceased and first informant as PW-1,Sunder Lal as PW-2, Hariya as PW-3, Udit Narain as PW-4, witnesses of last seen, Munnu alias Ram Prakash, witness of recovery of amputated head and clothes of the deceased as PW-5, Dr. U.C. Sinha as PW-6 and Head Constable Vijay Singh Bhadauriya as PW-7, Dr. Satya Prakash as PW-8, S.I. Surendra Bahadur Singh as PW-9 Mool Chand, Chowkidar as PW-10 and S.I. Pramod Kumar PW-11, as formal witnesses.
The trial court after hearing the parties by the impugned judgment held that the case of the prosecution was based upon the circumstantial evidence but the the links of the circumstances were not closely connected so as to prove the guilt of the respondents as such he acquitted the appellants. Hence this appeal has been filed.
We have considered the arguments of the Additional Government Advocate.
This case is based upon the recovery of a headless body on 20.12.1989, recovery of an amputated head and clothes on 30.06.1990 from a well and evidence relating to last seen of the deceased in the company of Naseer and Yogesh. The accused Yogesh had already died. So far as Naseer is concerned, it has been stated that there is no evidence that deceased Shyam Narain had friendship with Naseer and in fact Naseer and Shyam Narain were jointly accused in a case relating to theft lodged by Rafeeq, brother of Naseer. Thus it is not clear that on what basis Babu Khan father of Naseer and Rafeeq brother of Naseer were made accused in this case.
So far as enmity is concerned, it was with Rafeeq and the deceased was not seen in the company of Rafeeq by any of the witnesses. Thus, involvement of Rafeeq in the offence is not proved from the circumstantial evidence. The witnesses of last seen were not reliable inasmuch as they were either real brother of the deceased or residents of the same village but they remained silent for about a month even after recovery of the dead body on 20.12.1989. There was no reason for them not to disclose the fact relating to last seen of the deceased in the company of the accused person.
The order of acquittal is a reasoned order and no interference is required by this Court in it. The application for leave to appeal is rejected and appeal is dismissed.
Order Date :- 28.11.2018 mt