GAURAV Vs. STATE OF U.P.

JUDGEMENT

(1.) The present revision has been preferred with a prayer to allow this revision and quash/set aside the order dtd. 26/4/2022 passed by learned Additional Sessions Judge-14, Aligarh in Sessions Trial No.942 of 2022 (State of U.P. Vs. Gaurav @ Govind) arising out of Case Crime No.74 of 2021, under Sec. 302 I.P.C., Police Station Aligarh Junction, District Aligarh.

(2.) Portal/Pointsman, Mukesh Kumar and Deputy Superintendent of Police, Hathras Railway Station were informed on 26/10/2021 about unidentified dead body laid down near platform no.2, up line to the out post of the G.R.P. Hathras Junction. The inquest was conducted on the body of the deceased on 26/10/2021 and Panchnama was prepared and thereafter the postmortem was also conducted on 26/10/2021, which indicates that the deceased died due to shock and haemorrhage as a result of antemortem injury.

(3.) The family members of the deceased reached at the place of occurrence, where inquest was prepared by the concerned police station. The report was registered under Sec. 174(1) of the Code of Criminal Procedure. After conducting Panchnama, postmortem report and detailed accident report were submitted on 26/10/2021. The brother of deceased, lodged a report on 28/10/2021 mentioning therein that he had come to Aligarh on 28/10/2021 to take postmortem report and while he was sitting in waiting room of Aligarh Railway Station, he heard from one Omjeet @ Chhotu, son of Kishori Lal that he was sitting in General Bogie of Unchahar Express from Fafund Railway Station on 25/10/2021, which was going to Chandigarh, one Gaurav @ Govind, a Mechanic of Bike met him in the train, after sometime, there was quarrel at Hathras Railway Station between a boy (deceased) and Gaurav and the boy was thrown from the train by accused.