STATE OF U.P. Vs. CHITRASEN RAJ

JUDGEMENT

(1.) Heard Sri Nafees Ahmad, learned A.G.A. for the State, Sri Umesh Vats, learned counsel for the accused-respondent and perused the impugned judgement of acquittal and record of the appeal.

(2.) By way of instant Government Appeal, leave to appeal has been sought by the Government against the judgement and order of acquittal dated 13.07.1989, passed by the then Special Judge/Addl. District and Sessions Judge, Deoria in Sessions Trial No. 182 of 1986 (State vs. Chitrasen Rai alias Anil), under Sections - 364, 302, 201 I.P.C., Police Station - Ramkola, District - Deoria, whereby the accused-respondent Chitrasen Rai @ Anil has been acquitted of the charges under the aforesaid sections of I.P.C.

(3.) Sri Nafees Ahmad, learned A.G.A. for the State has vehemently claimed that this case is one in which the deceased is a child namely, Pintu and he was taken away by one Anil, in his company. Thereafter, on information being given by one Chandrika that the dead body of a boy was lying in the Bari of Patherdeva Siwan, his dead body was recovered. The distance of this place (where the dead body of Pintu was recovered) from the village of the deceased was stated to be one and half miles. Five persons went to the aforesaid spot in search of the body and found the same to be that of Pintu. On a written report, which was scribed by one Ram Kishore, the contents were described, whereafter, Madan, informant of this case, appended his thumb impression on it. Thereafter, it was lodged at the police station, which is Ex. Ka.1 as per the certified copy of the judgment. The police party, after lodging of the F.I.R., arrived on the spot, completed all the necessary formalities, prepared inquest report and completed necessary formalities for sending the cadaver of the deceased for post mortem examination.