MUNNI DEVI Vs. LOKESH KUMAR

JUDGEMENT

(1.) MUNNI Devi, mother of Pramod Kumar challenges the impugned judgment dated December 20, 2013 acquitting the respondent No. 1 Lokesh @ Lucky for the charges punishable under Sections 328/364/302/34/201/379/482 IPC. The appellant has also impleaded respondent No. 2 Sandeep @ Katora however, it may be noted that a supplementary charge sheet was filed against Sandeep however, he was discharged by the learned Trial Court vide order dated April 20, 2011. The said order having not been challenged the present appeal against the respondent No. 2 is not maintainable as he did not face the trial and is thus not acquitted. Thus this Court is required to deal with the appeal qua respondent No. 1 Lokesh only.

(2.) LEARNED counsel for the appellant contends that the appellant is aggrieved by the defective investigation carried out and states that the Investigating Officer left many lacunae resulting in the acquittal of respondent No. 1. According to him the call details were not got properly connected and the evidence from the medical store as to the pills purchased was also not collected. Be that as it may, the incident being of 2010 it would be too late now for this Court to direct collection of these materials which would not now be available. Thus we have proceeded to examine the appeal on the merits as to whether the learned Trial Court was justified in acquitting Lokesh.

(3.) DURING investigation the documents regarding the recovery of the dead body of the deceased from PS Niwari were collected and call detail records of Mobile No. 9250363337 of the deceased were collected. From the call details police traced Trishna PW -1 who admitted that she had been taking tuitions with the deceased and Lokesh, who was a friend of her brother was not liking it. On August 02, 2010 Lokesh was arrested and from his possession phone Nos. 9213916357 and 8802986571 were recovered. Pursuant to his disclosure statement he got recovered the motorcycle having fake number UP -14 AB -7611 from the house of his aunt Sunita PW -3. Maruti car bearing No. DL 3CD 0276 was also recovered which was allegedly used in the commission of crime. Lokesh also pointed out to a shop namely Niraj Medical Store from where he purchased ten pills of which three he had given to the deceased. Statement of Nisha was also recorded and thus charge sheet was filed.