RAJ KUMAR VERMA Vs. STATE OF U.P.

JUDGEMENT

(1.) By means of this appeal filed under Sec. 372 Cr.P.C. the Appellant has challenged the judgement and order dtd. 29/9/2012 passed by the Additional Session Judge, Court Number 10, Bijnor, acquitting the accused / respondents Number 2 to 6 of all the charges levelled against them.

(2.) Briefly stated, the prosecution case is that on 26/12/2009 the Informant - Appellant gave a report to the police stating that he resides in village Khaspura police station Haldaur and he runs a jewellery shop in Kasba Chandpur under the name and style of ''Khaspura Jewellers' along with his 21 years' old son Deepak Verma. Both of them used to come daily from village Khaspura to Chandpur on a motorcycle. On 26/12/2009, he and his son had come to the shop at Chandpur. He had to go with some persons campaigning of MLC elections. At about 3:00 PM he kept some articles of jewellery in a steel box and gave the same to Deepak Verma after putting it in a cloth bag and asked him to go home on his motorcycle taking the goods with him. The Informant went for the election campaign While his son Deepak Verma was going on the Hero Honda Super Splendour motorcycle after closing the shop, some unidentified miscreants fired at and killed his son on Chandpur - Paijaniya road a short distance ahead of the railway crossing. The miscreants robbed the jewellery and ran away. He came to know from the neighbours of the shop that Deepak Verma had started for Khaspura after closing the shop at about 4:30 PM on his motor cycle, taking the bag with him.

(3.) Upon the aforesaid information, a First Information Report was lodged under Sec. 394 and 302 IPC against unknown miscreants. During investigation on 9/2/2010, the Informant gave an application to the District Magistrate, Bijnor stating that a veterinary hospital was being constructed in his village Khaspura. It was to be constructed on 3,900 square meters area, but the Chief Veterinary Officer and the Contractor were constructing the same only on 1,000 square meters land. The land on which the hospital was being constructed was the land on which a fair was held. The Informant had given a complaint regarding this to the District Magistrate and he had filed a Public Interest Litigation in the High Court at Lucknow and the Court had issued a direction to the Principal Secretary, Animal Husbandry, to pass suitable orders on the petitioners representation. Ultimately his representation was rejected and since after the murder of his son the construction of the hospital has gained peace. The Informant stated that the Chief Veterinary Officer, Bijnor and the contractor who was constructing the hospital, had got his son killed under a conspiracy.