SANJEEV @ SHEWA Vs. STATE OF U P

JUDGEMENT

(1.) Sri Ram Surat Saroj, advocate filed vakalatnama on behalf of applicant and supplementary affidavit filed on behalf of applicant be taken on record.

(2.) Heard learned Counsel for the applicant, learned A.G.A. and perused the record.

(3.) Learned counsel for the applicant submits that initially a gumsudgi report was lodged by brother of deceased on 27.02.2016. The dead body of the deceased was recovered on 28.02.2016 in the pond of backside of Indra Prasth Colony. In this regard, uncle of deceased namely Munawwar had given an information on 28.02.2016. Thereafter, complainant Yasin lodged the F.I.R. against co-accused Lavkush. The applicant is not named in the F.I.R. The name of applicant came into light during investigation. Witnesses Ahsan and Nanhey are said to be the witness of extra judicial confession. It is said that applicant and other co-accused confessed their guilt before above witnesses. In fact the applicant has not confessed his guilt before above witnesses or anyone. There is no direct evidence against the applicant. The applicant has falsely been implicated in the present case. Nothing incriminating article has been recovered from the possession of applicant or on his pointing out. There is no criminal history of the applicant and is in jail since 30.05.2016.