STATE OF UTTAR PRADESH Vs. RAM SWAROOP

JUDGEMENT

(1.) State is questioning the correctness of the Judgment of the High Court of Judicature at Allahabad rendered in Criminal Appeal No.3739 of 2009 dtd. 4/3/2009, whereunder the appellant came to be acquitted who had been convicted by the Additional Sessions Judge, Fast Track Court No. - 1 in Sessions Trial No.209 of 2001 on 27/6/2006 for the offence punishable under Sec. 364 of IPC by reversing the said finding of the Trial Court.

(2.) The gravamen of the prosecution case is: appellant had come to the house of the complainant Shri Puran on 25/11/1998 and took Dinesh son of the complainant from his home on the pretext of watching a movie and he never returned. It was stated that his dead body was found the next morning with gun shot wounds and based on a written report lodged by the father of the deceased, an FIR came to be registered for the offence punishable under Sec. 302 of IPC against the appellant and three others. On the basis of chargesheet material and after accused pleaded not guilty the Sessions Judge framed the charge against the accused persons on 12/9/2003.

(3.) To drive home the guilt of the accused persons the prosecution examined its witnesses and learned Sessions Judge on appreciation of evidence by Judgment dtd. 27/6/2006 convicted the appellant, Accused no.2 for the offence punishable under Sec. 364 of IPC and acquitted all other accused of the charge under Sec. 302 of IPC. It was held that though prosecution failed to prove the charge of murder under Sec. 302 of IPC, the fact that the accused took the deceased from his house and the body was found next day morning had been fully established and this was sufficient to convict the appellant for the offence punishable under Sec. 364 of IPC. It came to be further held that since no enmity was there between deceased Ram Swaroop and the appellant, the act of luring the deceased by the appellant was sufficient to convict the appellant under Sec. 364 of IPC.