JAI PRAKASH Vs. NARESH AND OTHERS

JUDGEMENT

(1.) THIS appeal against acquittal by the informant, who also happens to be the son of the deceased, is directed against the order dated 20.10.1978 rendered by IIIrd Additional Sessions Judge, Bulandshahr in S.T. No. 40 of 1978. Briefly speaking the prosecution contention has been that father of the informant was done to death in a thatched verandah of tube -well while the son himself was inside the Kothari, in the evening of 12/13.7.1977. According to the F.I.R. son Jai Prakash had seen the occurrence from crevice of the door. One Kanchhi, according to the F.I.R. also should have been a witness of the occurrence. He was not examined.

(2.) BEFORE the investigation could be completed, the informant Jai Prakash also brought a complaint before the Special Chief Judicial Magistrate Bulandshahr being No. 817 of 1977. This was lodged on 23.8.1977 with lots of allegations conveying that the investigating officer had not recorded the first information report according to the version tendered by the appellant but had, in fact, given a prepared written report which the appellant was persuaded and rather compelled to copy out. It is thus apparent that there was lot of difference between the case as suggested in the F.I.R. and as stated by the informant even as P.W. 1.

(3.) THUS in the circumstances instead of finding a valid reason, for perversity in the judgment, we can only add few reasons already given by him.