STATE OF U.P. Vs. SAMAR NATH YADAV

JUDGEMENT

(1.) The present appeal has been filed against the judgment and order of acquittal of the accused-respondents dtd. 7/4/2012 passed by learned Additional Sessions Judge, Court No.3, Jaunpur in Sessions Trial No.256 of 2003 (State Vs. Samar Nath and others), arising out of Case Crime No.892 of 2002, for offences under Ss. 147, 302/149 I.P.C., Police Station Kotwali, District Jaunpur.

(2.) As per prosecution case, Rajeev Ratan lodged first information report alleging that there is a dispute regarding construction of house on the residential lease land between the accused and cousin brother of the complainant. Accused stopped the construction on the disputed land and threatened to kill in case construction would be done. Complainant, further alleged that while coming along with his father Dr. Bhagwan Das from the city on 9/11/2002 and as soon as, they reached Nai Ganj Tiraha at 4.15 evening, accused Samar Nath, Lal Sahab, Shailesh, Raju Yadav and Suraj stopped the complainant and his father. Accused started beating his father with iron rod, hockey stick. In the meantime, Lallan Yadav, Anil Kumar and younger brother of the complainant Sanjeev Ratan came on the spot and accused ran away. The complainant brought his injured father to Sadar Hospital, where he was medically examined and referred to Varanasi. On the way to Varanasi, his father succumbed to the injury. The F.I.R. was lodged under Ss. 147, 148, 149, 506 I.P.C. and Sec. 7 Criminal Law Amendment Act. Investigating Officer investigated the case and submitted the charge sheet.

(3.) Case was committed by the Chief Judicial Magistrate and thereafter the charges were framed by the Sessions Court. The prosecution produced seven witnesses i.e. P.W.-1 Rajeev Ratan, P.W.-2 Sanjeev Ratan, P.W.-3 (S.I.) P.P. Shukla, P.W.-4 Dr. Prem Bahadur Gautam, P.W.-5 Dr. Awadhesh Kumar, P.W.-6 (Inspector) Surendra Tiwari and P.W.-7 (S.I.) Uma Shankar Pandey.