STATE OF U.P. Vs. SHAHJAD AND ORS.

JUDGEMENT

(1.) Heard learned Additional Government Advocate for the State of U.P.

(2.) The application for leave to appeal has been instituted against the judgment and order dated 1.9.2005 passed by the Additional Sessions Judge, Fast Track Court No. 1, Meerut in Sessions Trial No. 244 of 2000, whereby acquitting the accused, Shahjad and Videsh for the offence under section 364, 302 and 201 IPC and acquitting Udaiveer @ Vipin for the offence under sections 302 and 201 IPC of Police Stations Parikshitgarh in Case Crime No. 291 of 1999, district Meerut.

(3.) The FIR reveals that on 6.9.1999, Swadesh was accompanied by accused, Shahjad and Videsh while he was going for depositing the electricity bill at Mawana. The FIR of the incident was lodged with the police on 21.10.1999. The accused, Shahjad and Videsh returned back to the village after four or five days. Upon querry with Shahjad and Videsh they did not reply satisfactorily. Thereafter, FIR was lodged by PW-1, Aneeta, wife of Swadesh.The FIR of the incident dated 6.9.1999 was lodged with the police on 27.10.1999 at 17.30 hours. Thereafter, the investigation of the case commenced after adhering with the procedure contemplated in the Code of Criminal Procedure. The investigation culminated into filing of charge sheet against the accused Shahjad and Videsh in Case Crime No.291 of 1999 under Sections 364, 302 and 201 IPC, P.S. Parikshitgarh, District-Meerut.