STATE OF U.P. Vs. LAKHAN SINGH

JUDGEMENT

(1.) THIS appeal has been preferred by the State against the judgment and order dated 14.10.1999 passed by the Additional Sessions Judge, Dehradun vide which the accused Respondents have been acquitted of the charges framed against them under Section 364 & 302 of the Indian Penal Code, 1860 (for short I.P.C.) and also against the acquittal of accused Respondent Lakhan Singh under Section 25 of the Arms Act.

(2.) THE criminal law was set in motion in this case at the instance of Phool Chandra (PW -1) father of Pradeep (deceased), who submitted a written complaint (Ex. Ka -1) before In -charge Police Station Raipur, Dehradun. According to the complainant, on 13th July 1993 he along with his wife and son Pradeep were present at their house when at about 6:00 p.m. seven -eight boys came to their house, they asked Pradeep to accompany them to settle his dispute. Pradeep told them that he would accompany them after having bath. After ten minutes four boys again came on two scooters. Out of them, Lakhan Singh and Ravindra were known to the complainant and rest of the two boys, he could identify if produced before him. On enquiry Pradeep told his parents that he had some dispute with Lakhan Singh and Ravindra on previous day. At about 7:30 p.m. Father -in -law of complainant came to his house and told him that Pradeep was being given beatings by Ravindra and Lakhan Singh and two other persons, when he tried to intervene, they took away Pradeep on a scooter towards Sahastradhara. The complainant searched for his son during the evening. He also went to the house of Ravindra and Lakhan Singh but they were not found present there. On 14th July 1993 at about 11:00 a.m. the complainant came to know that one dead body was lying in the jungle of village Kandoli. On reaching there he found the dead body of his son Pradeep. According to complainant, Lakhan Singh and Ravindra along with their two companions have committed the murder of his son Pradeep. On the basis of complaint Ex. Ka -1, chick F.I.R. Ex. Ka -3 was recorded on 14th July 1993 at 11:50 a.m. and G.D. report Ex. Ka -4 in this regard was also entered.

(3.) THE postmortem on the person of Pradeep (deceased) was conducted on 15th July 1993 by Dr. Anmol Singh Bisht (PW -6) who found the following injuries: