NATHAN SINGH AND ORS. Vs. SUNIL

JUDGEMENT

(1.) All the three above -titled appeals are being taken up together and adjudicated by this single verdict, for the reason that the same have arisen out of the common judgment rendered by learned Additional Sessions Judge, Roorkee, on 25.11.2010. Two Session Trials, one bearing No. 282/2000, State v/s. Sunil, for the offences u/s. 302 and 201 IPC (crime No. 226/1998) and another bearing No. 283/2000, State v/s. Sunil, for the offence of Sec. 25 Arms Act (crime No. 227/1998), were tried together. The court below did not find any of the offences proved against the respondent/accused Sunil, so he was acquitted from all the charges levelled against him.

(2.) This judgment has been challenged by the State as well as by the informant Nathan Singh by way of above -titled appeals.

(3.) The edifice of the prosecution story is based on the missing report lodged on 10.10.1998 by Nathan (father of deceased Nitu @ Kaushik) with the facts that on 22.9.1998 at about 11 AM, Master Pintu S/o Kali Sweeper, hailing from the same village, came to his house and persuaded his son to accompany on the pretext that he (victim) was being called by Sunil, who too belonged to the same village. On that very day, Nitu was seen, by the witness Sewa Ram (hailing from the same village), going along -with accused Sunil on his bicycle. They were seen, as such, aheading towards Nasirpur through the canal road. Ever since 22.9.1998, Nitu did not return to his house, so after searching, as long as for almost 18 days, this missing report was lodged.