Court No. - 47
Case :- GOVERNMENT APPEAL No. - 5236 of 2006 Appellant :- State Of U.P.
Respondent :- Ram Karan Counsel for Appellant :- V.S.Mishra,G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Jitendra Singh, brief holder for the State of U.P.
This appeal for acquittal has been filed from the judgement of Special Judge (SC/ST Act), Agra dated 4.5.2006 passed in S.T. No.234 of 1997 arising out of Case Crime No.210 of 1996 under Section 302 I.P.C. and Section 3(2)(5) SC/ST Act, Agra.
The incident is alleged to have taken place on 10.09.1996 between 2 P.M. to 4 P.M. The F.I.R. was lodged on 10.09.1996 at 7 P.M. by Raghuvir father of deceased Manisha. In the F.I.R. it has been stated that Manisha aged about 13 years had went to take fodder for the cattle from the field, Rajani and Harendra her younger sister and brother also accompanied her at about 4 P.M., his son Surendra went to take leaf of Beriya towards the field. Surendra while coming back found that the fodder of Manisha was kept at the field of Munir Khan but at that time he did not raise any doubt later on coming to the house it was noticed that Rajani and Harendra came back to the house then he again went to the field and while searching dead body of Manisha was found in the field of Munir Khan. In the F.I.R. three accused were disclosed in the statement of Kumari Rajani PW-2 on 12.09.1996 before the Investigating Officer. Out of three accused, two accused were declared as juvenile and their trial has been separated. In the post-mortem report four injuries were found on the body of the deceased and cause of death has been noted as asphyxia due to strangulation. In serological report, no spermatozoa was found.
In order to prove the prosecution, case the prosecution examined Raghuvir PW-1, Kumari Rajani PW-2, Surendra PW- 3, Harendra PW-4, Dr. Shyam Sundar Gupta PW-5, Shailendra Kumar PW-6, Vijay Kumar PW-7 and Shiv Prashad Sharma PW-8 out of these witnesses Raghuvir, Kumari Rajani, Surendra and Harendra are the witnesses of fact. So far as Raghuvir and Surendra are concerned they were not with the deceased at the time of incident and their testimony at the most amount to heresy.
The trial court found that the behaviour of Kumari Rajani PW-2 and Harendra PW-4, is not disclosing the name of the accused for two days which appears highly doubtful. If these witnesses were present on the spot there could no reason for them for not disclosing the name of the accused before their father. On this finding the order of acquittal has been passed.
We have considered the arguments of the counsel for the appellant, although in the F.I.R. it has been stated that Rajani and Harendra had accompanied deceased Manisha when she went to the field for taking fodder but these witnesses in their statement have admitted that they were going to school which was at a distance of 3 to 4 Km., from their house. So far as Harendra is concerned in his statement has given as aged about 14 years. His statement was recorded in the year 2004 on 13.12.2004 at the time of incident he was aged about six years.
Looking to the fact that Rajani was a student and Harendra was a child of six years their state and their conduct to remain silent even before their father shows that they were not present on the spot. The order of acquittal does not require any interference by this Court, the appeal lacks merit.
The leave application is rejected and appeal is dismissed.
Order Date :- 24.1.2019 Rahul.