PRADEEP SINGH @ PINKOO Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri V. P. Srivastava, Senior Advocate assisted by Sri Rajul Bhargava, learned counsel for the applicant and Sri P.N.Tripathi, Advocate, Sri Gaurav Shukla and Sri Rajiv Gupta, learned counsel for the complainant as well as the learned A.G.A. and perused the record.

(2.) As per prosecution version, an F.I.R. was lodged by the informant, Smt. Janki Devi on 10.5.2013 at about 6.30 A.M. at police station Rudhauli District Basti alleging that on 9.5.2013 at about 10.00 P.M. when her husband namely Shiv Kumar, Block Pramukh was returning home from Rudhauli driving his four wheeler (Safari), was assassinated by some unknown miscreants. After preparing the inquest report, autopsy of the dead body was conducted on 10.5.13. at 5.30 P.M. and, thereafter, the Investigating Officer recorded the statement of the informant Promod Upadhahay on 10.10.2012 in which she did not express any suspicion against the applicant.

(3.) Learned counsel for the applicant submits that the applicant is innocent and has not committed any offence and has been falsely implicated due to political rivalry. He further submits that the applicant was not named in the F.I.R. and the F.I.R. was lodged against the unknown miscreants. He further submits that on 10.5.13 the statement of the informant was recorded under section 161 Cr.P.C. wherein she suspected only the hands of the co accused Raghuvir Singh and Gaurish Pandey (a B.D.C. member). In this statement neither the applicant was named nor any suspicion was raised against him. However, on the next day i.e. on 11.5.13 again her statement was recorded wherein she for the first time disclosed the name of the applicant and other members of B.D.C. stating therein that the applicant, who was also a B.D.C member of the same Block, wanted to become Block Pramukh, as such the applicant, in conspiracy with other co accused , got her husband murdered by hiring a hardened criminal namely Raghuvir Singh. He further submits that on the same day, the I.O. also recorded the statement of the son of the deceased namely Alok Chaudhary wherein he has stated that his father was quite perturbed and upset for the last one month and when the move to bring "no-confidence motion" for removing the deceased from the post of Block Pramukh got failed, the co accused Raughvir Singh started extending threats to his life. He further stated in the said statement that his father (deceased) was done to death by the applicant and other co accused Gaurish Pandey and Laxmi Singh by engaging a contract killer namely Raghuvir Singh.