STATE OF U.P. Vs. BALKUTTIPAL & OTHERS

JUDGEMENT

(1.) HEARD learned A.G.A. for the State and perused the impugned judgment and record of the Trial Court.

(2.) THIS Government Appeal has been filed against the judgment and order dated 16.7.2011 passed by the Special Judge(D.A.A.) Act Hamirpur in S.T. No. 276 of 2006 ( State Vs. Balkuttipal and others) under Sections 364/120B, 302/120B, 201/120B, 364, 302/34,201,467,468,471 and 420 IPC and Section 25 of Arms Act.

(3.) THE prosecution story, in brief, is that on 11.6.2006 at about 8.00 p.m. the husband of the informant namely Summi Pal had gone somewhere from his house and thereafter he did not return. The informant Smt. Girja Rani wife of Sunni Pal lodged a Gumshudgi report on 12.6.2006 at the concerned police station. Thereafter, on 22.6.2006, a written report was lodged at the police station Majhgaon by Ram Prakash son of Summi Pal in which he has written that on 12.6.2006, his mother Smt. Girja Rani had informed him on phone at Madras where he was working that his father is un -well and he should come immediately. On which Ram Prakash on 14.6.2006 in the after noon came to his house and his mother informed him that on 11.6.2006 at about 8.00 p.m. in the evening one person had come on motor cycle and had taken his father saying that he is nephew of Onkar Lodhi of Navranga and his buffalo is un -well for which Summi Pal has to give some treatment and thereafter, his father did not return and Ram Prakash made a search of his father at his relations place and at nearby areas but when he failed to get the where -abouts of his father, then he received information that some one has taken away his father in order to kill him on the basis of the written report of Ram Prakash. A first information report was registered on 22.6.2006 at 8.45 p.m. as case Crime No. 102 of 2006 under Section 364 I.P.C. P.S. Majhgaon.