STATE OF U P Vs. PREMKALI & ANOTHER

JUDGEMENT

(1.) The State of U.P., has filed this appeal under Section 378 Cr.P.C., challenging the judgment and order dated 04.04.2015 passed by Session Judge, Barabanki, whereby the learned Session Judge while deciding the Session Trial No.54/2014 arising out of Case Crime No.233/2013, under Sections 364, 406, 411 IPC relating to Police Station Deva, District Barabanki, has acquitted the respondents of the charges.

(2.) I have heard learned Additional Government Advocate, Dr. Ravi Kumar Mishra and Shri Dharmendra Kumar, learned counsel for the respondents.

(3.) The brief facts are that the complainant Smt. Geeta wife of Shri Suresh moved an application under Section 156(3) Cr.P.C., on 24.06.2013 with the allegations that her husband was recorded tenure holder of land of Gata No.712 measuring 220 hectares situated at Village Matti, Paragna Deva, Tehsil Nawabganj, District Barabanki. It was further alleged that Ranjeet Verma resident of Lucknow with the help of the respondents, got a sale-deed executed from her husband for a sum of Rs.46.00 lakhs and also deposited the aforesaid amount in the savings bank account of her husband while as a matter of fact the value of the land was much more than the aforesaid amount. It was further alleged that on 06.06.2013 the respondents along with Ranjeet Verma took away her husband from his house and in order to usurp the aforesaid amount, got Rs.20.00 lakhs withdrawn from the aforesaid account and the remaining amount was transferred in the account of the complainant. It was also alleged that the husband of the complainant disappeared after the withdrawal of the aforesaid amount and till date his whereabouts are not unknown. The complainant expressed doubt that her husband might have been killed by the respondents. She also alleged that an information to the police was given on 17.06.2013, but no action was taken. Thereafter, an application was also sent to the Superintendent of Police, Barabanki, but again no action was taken. Having no other option, she moved an application under Section 156(3) Cr.P.C., upon which, the learned Magistrate passed an order directing registration of the report and investigation. The investigating officer arrested the respondents and a sum of Rs.5.00 lakhs was found from the bag of the respondent No.1 Premkali. The respondent No.2 Sanehi alias Ram Sanehi was also found having Rs.3,31,000/-. One vehicle bearing registration No. U.P. T 9739 was also recovered from the possession of the respondents. The Investigating Officer also inquired from the Bank and collected the evidence of withdrawal of money. It was also found during investigation that the aforesaid vehicle was purchased from the amount allegedly withdrawn by the respondents from the bank account of the complainant's husband. The Investigating Officer submitted charge-sheet. The learned Magistrate framed charge against the respondents under Sections 364, 406, 411 IPC.