STATE OF U.P. Vs. SATYA PRAKASH

JUDGEMENT

(1.) This Government Appeal has been filed by the State of U.P. against the judgment and order dated 21.8.2014 passed by Additional Sessions Judge, Court No. 11, District Aligarh in Sessions Trial No. 702 of 2009 and 703 of 2009 (State of U.P. v. Satya Prakash alias Satto) relating to Case Crime No. 35 of 2009 under section 302 IPC and Case Crime No. 79 of 2009 under section 25, Arms Act, Police Station Khair, District Aligarh whereby the respondent has been acquitted for the charges against him. The prosecution story in nutshell is that the complainant gave a written report on 25.1.2009 at P.S. Khair that on 19.1.2009, his nephew Arun Kumar had gone to his uncle's place and on 23.1.2009 at 8:00 a.m. he started to come back to his home, but he did not reach home. Thereafter, on 24.1.2009, he met with his uncle's daughter and told her that he is going to his uncle's village Balampur. He was seen on his motorcycle with a person at 6:00 p.m. On 25.1.2009 at about 10:00 it was informed that Arun Kumar was shot dead and the dead body was lying near the canal. The complainant and the villagers went to the spot where they found the dead body of the deceased. On the basis of information given by the complainant, case was registered against the unknown accused and investigation was started.

(2.) After completing the investigation, charge-sheets were submitted and cases were committed to the Court of Sessions for trial. The Trial Court framed charges and on denial by the accused-persons, prosecution to prove its case, examined P.W.1 Tinku, P.W.2 Jitendra Singh, P.W.3 Sachin Kumar, P.W.4 Bhoop Singh, P.W.5 Shakoor Khan, P.W.6 Dori Lal, P.W.7 Ombir, P.W.8 Rampal, P.W.9 Constable Badan Singh, P.W.10 Dr. Jagmohan Sharma, P.W.11 Vishambhar Singh, P.W.12 S.I. Munshi Lal Verma, P.W.13 Ratanveer, P.W.14 Preeti and P.W.15 Chandrashekhar Singh, Inspector Incharge and P.W.16 S.I. Maharaj Singh.

(3.) Heard learned A.G.A. for the State-appellant.