STATE OF U.P. Vs. SATVEER AND ORS.

JUDGEMENT

(1.) These appeals by Special Leave arise out of judgment and order dated 24.04.2007 passed by the High Court of Judicature at Allahabad in Criminal Appeal No.7911 of 2006 and Criminal Reference No.15 of 2006. While rejecting the Reference, the High Court allowed the Appeal and acquitted the respondents of the charges under Section 302 read with Section 34 IPC.

(2.) Pursuant to the statement of PW1 Roop Basant recorded by scribe Soran Lal at 12:45 p.m. on 24.02.2006, Crime No.23 was registered with Police Station Khurja Dehaat, Bulandshahar against the respondents. It was alleged that on that day Akash aged about 8 years, nephew of said PW1 was playing near Ambedkar Park. At about 10 a.m. respondent Subhadra took said Akash to her baithak, which was seen by villagers Mewa Ram and Vijay Pal. At that time three sons of said Subhadra, who along with Subhadra are respondents herein, were sitting in the Verandah. They went inside taking Akash along with them and did not come out for about half an hour. It was alleged that the respondents then came out with a "thaal" filled with articles of worship (pooja samagri) and went towards Chamunda Math for worship. Since Mewa Ram and Vijay Pal did not see Akash coming out, they suspected some foul play and soon after the respondents had left for Chamunda Math they went inside the baithak. As they entered, they saw dead body of Akash lying in a pool of blood with nostrils and ears cut. They raised hue and cry, which attracted number of villagers. When the villagers saw body of Akash, the situation took an ugly turn and there was complete chaos. The people then went to the Math and assaulted the respondents.

(3.) The police thereafter arrived in the village and Inquest Panchanama was conducted between 2:30 p.m. to 4:00 p.m. Around this time, the respondents were arrested at about 3:30 p.m. After the inquest, the body of Akash was sent for post mortem. PW7 Dr. Rajesh Kumar conducted post mortem at 4:30 p.m and found following ante mortem injuries on the body of said Akash :-