REGENT COMPUTRONICS PVT. LTD.

STATE OF U. P. Appellant

V/S

SUKHAI Respondents

Referred Judgements :-

JUDGEMENT

(1.) This is an appeal u/s 378 (3) of the Code of Criminal Procedure 1973 (hereinafter referred to as Cr.P.C.) challenging the judgment and the order dtd. 10/5/2019 passed by Additional Sessions Judge/Special Judge (Essential Commodities Act), District Jalaun at Orai in Session Trial No. 101 of 2015 (State of U.P. Vs. Sukhai alias Bhagwan Das), in Case Crime No. 288 of 2015, u/s 302, 201 IPC, P.S. Kalpi, District Jalaun.

(2.) Essential facts emanating to the filing of the present appeal as transcribed are that the first informant Mohd. Naseem S/o Mohd. Nizam R/o Bazar Ward, Amraudha, P.S. Bhognipur, District Kanpur Dehat had submitted a written report on 4/3/2015 before Police Station Kalpi, District Jalaun with an allegation that his brother Azeem and partner Iqbal S/o Razzaq R/o Mohalla Katra, Kasba Amraudha, P.S. Bhognipur, Kanpur Dehat he along with them had gone to Jolhupur in connection with purchase of cattle and after purchase of two cattle he along with his brother Azeem and partner Iqbal return back to Kalpi and after leaving Azeem and Iqbal at Karbala (Eidgah) he proceeded to Kasba, Kalpi for purchase of an additional cattle and when he returned at 10 in the night after purchasing a cattle, then in Karbala he met Iqbal and asked about the whereabouts of his brother Azeem and he was apprised by Iqbal that Azeem had gone to answer nature's call however, after waiting for some time when Azeem did not return then he called from his mobile number 9794780802 to the mobile number of Azeem 8423904201 however, despite the fact that the bell was ringing but the phone was not picked up then the first informant along with Iqbal went to trace about the whereabouts of his brother and at 02 in the night 100 meters from Karbala near a neem tree the dead body of the deceased was found which also occasioned injuries and according to him his brother had been disposed of some where else and thrown in the Eidgah.

(3.) On the written complaint of the first informant an FIR was lodged on 4/3/2015 at 06:20 being case crime no. 288/2015, u/s 302/201 IPC. One Sri Yogendra Pratap Singh was nominated as Investigating Officer and thereafter, one Sri Awdhesh Kumar was appointed as the Investigating Officer who has submitted the charge sheet u/s 302, 201 IPC against the accused herein.

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STATE OF U. P. Vs. SUKHAI

Referred Judgements :-

JUDGEMENT

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