VIKAS MALL Vs. STATE OF U.P.

JUDGEMENT

(1.) This revision has been preferred against the order dated 4.2.2010 passed by the learned Additional Sessions Judge, Court No.1, Mau in S.T. No. 134 of 2009 (Case Crime No. 268 of 2009), State Vs. Ravindra @ Raghvendra and others, under Sections 302 /34, 504 & 506 I.P.C., P.S. Madhuban, District Mau.

(2.) Brief facts of the case are that the opposite party no.2 Smt. Saroj Singh lodged a report at the police station stating that she was married to Devanand. Later on marriage could not continue and the relations of husband and wife between Smt. Saroj Singh and Devanand came to an end by the court. The opposite party no. 2 was being maintained by her mother Vijay Laxmi and was living in the village with her daughter Kumari Jyoti. On 26.2.2009 the opposite party no. 2 had gone to Madhuban to bring admit card of her daughter Jyoti, who was a student of class 10 of Subhagi Devi Higher Secondary School, Madhuwan, Mau but she could not get the admission card and came back to her house on foot managing her other affairs. When she reached her house at about 5 p.m., she saw that her daughter was hanging by a rope. When she was trying to save her daughter, suddenly Raghvendra Yadav @ Kanthi Yadav and Vikas Mall started fleeing away from the other room. The complainant requested both the accused to help her in saving her daughter but they threatened to kill the complainant and ran away with banki in their hands. Just thereafter Rana Pratap Singh @ Pinku Singh and Chandra Prakash accompanied by Santosh Kumar Singh reached the spot.

(3.) After investigation the Investigating Officer submitted charge sheet against Raghvendra @ Ravindra and one Ram Kishan Yadav. Charge sheet was not submitted against Vikas Kumar Mall. When the charge sheet was submitted in court, charges were framed against the accused persons and the statement of P.W.1 Smt. Saroj Singh commenced.