STATE OF UTTAR PRADESH Vs. MOHD. HARUN

JUDGEMENT

(1.) Heard on admission.

(2.) Challenge in this appeal is to the judgment and order dated 09.08.2019 passed by the Sessions Judge, Bijnor in Sessions Trial No. 567 of 2013 acquitting the respondents under Sections 364 / 34 , 302 / 34 , 201 and 404 of IPC.

(3.) Brief facts of the case are that on 23.09.2012, written report Ex.Ka.1 was lodged by Rehana Khatoon, wife of deceased Ikrar Ahmad alleging in it that on 20.09.2012 accused persons came to her house and took her husband along with them. She has further alleged that since then her husband has not returned. Based on this written report, FIR, Ex.Ka.9 was registered on 26.09.2012 against the accused persons under Section 364 of IPC. On 28.11.2012, part of skeleton of a male was found near the railway crossing i.e. an open field. Later the said skeleton was identified to be that of the deceased on the basis of clothes and slipper, found near the skeleton. Further case of the prosecution is that there was some dispute between the deceased and the accused persons over sale and purchase of a stolen motorcycle and when deceased was demanding his money from the accused persons, they eliminated him.