STATE OF UTTAR PRADESH Vs. MAHAVIR SINGH

JUDGEMENT

(1.) This State appeal is filed against the order dated 29.09.1999 passed in Sessions Trial No. 160 of 1998 by Sri S.K.S. Yadav, the then 15th Additional Sessions Judge, Agra, whereby he discharged the accused /respondents Mahaveer Singh, Rajveer Singh, Ranveer Singh and Sher Singh, who were charge-sheeted for the offences punishable under Section 302, 182, 211 and 120B IPC.

(2.) We have heard Sri R.K. Singh, AGA and Sri K.N. Raha Advocate for the respondents and have perused the record.

(3.) The relevant facts, in brief, are that on 13.02.1988 the murder of Mahaveer S/o Ramji Lal was committed in a field. Its report was lodged by the accused/ respondent Mahaveer Singh Son of Shyam Lal against Ram Sahai, Om Prakash, Baij Nath and Ram Pal. It may be mentioned for the sake of clarity that the deceased and the complainant both are of the common name. The investigation was started by the police of P.S. Jagner, District Agra. The investigating Officer expressed doubt regarding involvement of the accused Ram Sahai, Om Prakash, Baij Nath and Ram Pal. Meanwhile, the investigation was transferred to S.I.S. whose I.O. also doubted the involvement of the persons named in the FIR. The S.I.S. in its investigation suspected the respondents Mahaveer Singh (Informant), Rajveer Singh, Ranveer Singh and Sher Singh to be the real culprits. But meanwhile the investigation was withdrawn from the S.I.S also and was transferred to C. B. C. I. D. The I.O. of C.B.C.I.D., after recording the evidence of the witnesses and after the usual investigation submitted charge-sheet against the respondents Mahaveer Singh son of Shyam Lal (Informant), Raj Veer Singh, Ran Veer Singh and Sher Singh for the offences punishable under Sections 302, 182, 211 & 120B IPC. The evidence collected by the C.B.C.I.D. includes following evidence, along with other evidence: