AWDHESH KUSHWAHA Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned Additional Government Advocate for the State of U.P. and perused the lower court record.

(2.) This Criminal Appeal under section 372 Cr.P.C. has been instituted against the judgment and order dated 2.12.2010 passed by learned Additional Sessions Judge, Court No.7 Deoria in Sessions Trial No. 175 of 2007 arising out of case crime No. 186 of 2006 under section 302/34 IPC, PS Khampar, district Deoria, whereby the accused-respondents, Brigurashan, Sachchidannad, Munni Lal and Raghuvar have been acquitted.

(3.) From the perusal of the record and judgment, it is revealed that there was enmity between the complainant, Awdhesh Kushwaha and accused-persons, namely, Brigurashan, Sachchidannad, Munni Lal and Raghuvar with respect to the Abadi land. The accused-persons used to pressurize the complainant-informant to leave the land and not to give effect to the Panchnama. Panchnama materialized with the intervention of the village Pradhan and Panch. On 1.6.2006 at about 6.30 hours in the evening, the son of the complainant-informant, Chandrika was abducted by the accused-persons. On 4.6.2006 at 9.00 hours in the morning complainant received the information that the body of his missing son is hanging on a tree in Kukurghati. The complainant identified his son and suspected that the accused-persons have murdered his son and thereafter hung the dead body.