Court No. - 47
Case :- GOVERNMENT APPEAL No. - 7780 of 2017 Appellant :- State Of U.P. Respondent :- Surendar And 3 Others Counsel for Appellant :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Amit Kumar, brief holder for the State of U.P.
This appeal of acquittal has been filed from the judgement of Additional District and Sessions Judge Court No.7, Bijnore dated 20.09.2017 passed in S.T. No. 767 of 2011 (State Vs. Surendra Singh) arising out of Case Crime No. 184 of 2011, under Section 302/34, 201, 120B I.P.C. Police Station-Nahtaur, District-Bijnore.
The incident alleged to have taken place on 19.05.2011 after 10 P.M. and the F.I.R. was lodged on the next day on 20.05.2011. In the F.I.R. it has been stated that on 19.05.2011 at 10 P.M. the deceased Brajpal Singh uncle of the informant went to the house of Kailash son of Chokhey Singh resident of Talampur Police Station-Nahtaur, District-Bijnore but he did not return in the night. In the morning when he was searched then his dead body was found in the sugarcane field at Village-Talampur and motorcycle was found at the crossing of Faizpur. During investigation the police interrogated Devendra Kumar PW 2 who disclose the names of the accused, thereafter, the police arrested Surendar one of the accused and on his pointing out the Darati and Danda used for commission of crime were recovered from the house of Surendar.
In order to prove the prosecution case, the prosecution examined Atul Kumar PW 1 the informant, Devendra Kumar PW 2, who has disclosed the names of the accused, Munesh Kumar PW 3 the witness of recovery of weapon, Ram Kumar PW 4 Panch of the inquest, S.I. Ram Chand PW 5 Investigating Officer, Dr. Gyan Chandra PW 6 who conducted the autopsy and prepared post-mortem report and Sartaj Ali PW 7 Investigating Officer.
So far as Atul Kumar PW 1, is concerned he has merely proved that on 19.05.2011 deceased Brajpal had gone to the house of Kailash son of Chokhey Singh resident of Village Talampur and his dead body was recovered on 20.05.2011 from the Sugarcane field at the outskirt of the Village Talampur and his motorcycle was recovered at the crossing of Faizpur on 20.05.2011 after 2 P.M. Devendra Kumar PW 2 has proved that on 19.05.2011 he along with Satyaveer was returning to his house then at 12.30 A.M. when he reached at the house of Rishipal then found one motorcycle was standing there and in the courtyard of Rishipal the accused were quarrelling amongst them and appears that they were in drunken position. In cross-examination he could not give the proof of the motorcycle which was found by him at the house of Rishipal on 19.05.2011 at 12.30 A.M. belong to deceased Brajpal Singh. He has nowhere stated that he had seen Brajpal Singh at the house of the accused. Thus, on the basis of his statement the charges against the accused or any link of circumstantial evidence against them is not proved. So far as Munesh Kumar PW 3 is concerned he is witness of the recovery of weapon. The alleged Darati and Danda recovered from the house of Surendra was although sent for serological report but the report has not been produced in the Court. The Darati and Danda commonly used by the farmers and it is found in every house. Thus, recovery of Darati and Danda itself does not prove the offence of the accused. There is no other evidence on record against them as aforesaid evidence.
In such circumstances the order of acquittal passed by the Court below does not require any interference.
Accordingly, the application for seeking to leave is rejected and the appeal is also dismissed.
Order Date :- 26.2.2019 Rahul.