STATE OF U P Vs. TILAK RAJ MAURYA

JUDGEMENT

(1.) HEARD learned A.G.A. and perused the lower court record.

(2.) THIS application for granting the leave to appeal has been filed against the judgement and order dated 2.5.2013 passed by learned Addl. Sessions Judge, Ex cadre -3, Sultanpur in S.T. No. 235 of 2010 whereby the accused respondents have been acquitted for the offence punishable under section 396 and 412 IPC

(3.) FROM the perusal of the record and impugned judgement it reveals that the FIR of this case has been lodged by Mohd. Ismail, P.W. 2 on 25.11.2003 at 9.35 P.M. in respect of the incident allegedly occurred on 24.11.2009 after 11.20 A.M. alleging therein that Mohd. Ishaq @ Kallu, the brother of the first informant was having the business of potato. His brother -in -law the deceased Mohd. Shamim @ Munna was residing at Haidargarh for a long period in a rented house, he also doing the business of potato along with Mohd. Ishaq @ Kallu and he went for collecting the money on 24.11.2009 at about 8.00 A.M. The deceased had gone from Haidargarh to Musafir khana to the shop of Sita Ram Sahu from where he collected the amount of Rs. 2,46,000/ - from the Adhat of Sita Ram Sahu and Bheem Maurya at about 11.30 A.M. The deceased did not return to Haidargarh up to 2 and 2 -1/2 P.M., the contact was made with the Adhatiya, who told that the deceased Mohd. Shamim @ Munna had gone from their shop immediately after collecting the money. Thereafter the search of the deceased was made but no whereabouts could be known, its missing report was lodged at P.S. Musafir Khana. On 25.11.2009 some persons informed that an unknown dead body was lying in the vicinity of the village Chandauki, P.S. Munshiganj then the first informant along with family members and associates came there and identified the dead body of the deceased. The deceased after collecting the money from the Adhat was going to bus stand, Musafir Khana to board the bus. In the meantime he was abducted, his money was snatched and he was killed. During investigation all the accused respondents were apprehended by the police and accused persons were taken on police remand. On 14.2.2010 the accused respondents Tilak Ram Maurya, Babban @ Dinesh Kumar Tiwari and Sandeep Kumar Ojha were apprehended, from their possession some looted money and country made pistols were recovered and at the pointing out of the accused respondent Vijay Kumar Dubey, the amount of Rs. 5,500/ - was recovered from his house on 14.2.2010. The amount of Rs. 20,000/ - was recovered from Tilak Ram Maurya, the amount of Rs. 40,000/ - were recovered from the possession of accused respondent Babban @ Dinesh Kumar Tiwari and amount of Rs. 20,000/ - was recovered from the possession of Sandeep Kumar Ojha and at the pointing out of the accused respondent Manoj Kumar Upadhyay the amount of Rs. 16,000/ - was recovered from his house. In support of the prosecution version ten witnesses have been examined, there is no eye witness account of the aforesaid murder. The accused respondents are not named in the FIR and they have not been put up for identification. The recovery of the cash made by the I.O. is not in any case corroborated with the looted amount. The Adhatiya P.W. 3 and P.W. 4 Bheem Maurya have been examined before the trial court, they have not identified the recovery of the cash. The recovered currency notes were not bearing any specific mark. The prosecution has failed to connect the recovered cash with the commission of the alleged offence. There is no other evidence against the accused respondents. In such circumstance, the trial court recorded the findings of the acquittal. The view taken by the trial court acquitting the accused respondents is a possible view. It does not require any interference by this court, therefore, the prayer for granting the leave is refused.