SARMAN LAL Vs. STATE OF U P

JUDGEMENT

(1.) Heard counsel for the parties including the learned AGA and perused the lower court record.

(2.) This appeal is directed against a judgement and order of acquittal dated 28.3.2011 passed by the Additional District and Sessions Judge (F.T.C. No. 2/ Special Judge (Dacoity), Jalaun at Urai, in S. T. No. 37 and 62 of 2007 whereby all the respondents accused have been acquitted for the offences u/s 147, 148, 364, 302/149, 392, 506 I.P.C.

(3.) Briefly the story is that the appellant Sarman, resident of village Gora Chiraiya, lodged a written report at Police Station Rampura, District Jalaun at Urai, at 15.35 hrs on 17.10.2006 with the allegation that his son Mathura Prasad had gone to ease himself in his agricultural field at about 7.00 a.m. on 13.10.2006 and at the same time Priti daughter of accused Govind was going to her school. After some time Ajeet son of Ram Prasad came to his house and informed him that his son Mathura had assaulted Priti with fists and he naratted the same story to accused Govind. Whereupon Govind and other accused person armed with guns, axe, knife and sticks encircled the field and when the informant with his and Mathura's wife reached there, the accused abused and threatened them with dire consequences and forced them to return home. After some time when they again came out they were accosted by the accused and told that his son would never return and warned him not to inform anyone or lodge any report, and since then Mathura went missing. On 15.10.2006 a phone call of Mathura was received at his sister Maya's house which was received by her daughter in law between 9 to 10 disclosing that he has been kidnapped and somebody should come to Rampura Jungle with Rs. 1 lac. After sometime Govind's nephew Shailendra with some persons duly armed reached Maya's house searching for Mathura and abused them but when informed that he was not there they went away. Then the daughter in law phoned the informant and narrated the story. While search for Mathura was going on, police personnel of P.S. Umri reached the informant's village on 16.10.2006 and informed him that a dead body was recovered from near the railway tracks at Urai from which a letter was recovered mentioning his name as Mathura Prasad, son of Sarman Lal, resident of Gora Chiraiya and mentioning that he had been kidnapped at the instance of Govind and Tarachand and kidnappers have been asked to kill him, thus, on the basis of the letter he went the next day and identified the dead body of his son but by that time the postmortem etc. had been done treating it to be unidentified body.