STATE OF U.P. Vs. RAM SHRINGAR PANDEY

JUDGEMENT

(1.) Heard Shri Chandra Shekhar Pandey, learned AGA for the State and perused the record.

(2.) By means of instant application moved under Section 378(3) Cr.P.C. the State has requested to grant leave to appeal against impugned judgment and order dated 6.7.2019, passed by Additional District and Sessions Judge (FTC), Pratapgarh, in Sessions Trial No. 44/2013, 'State Versus Ram Shringar Pandey @ Bhaiyan son of Rama Shankar @ Bablu Pandey', arising out of Case Crime No. 215 of 2012, under Sections 302/34, 201/34 IPC, Police Station Fatanpur, District Pratapgarh, whereby the respondent/ accused Ram Shringar Pandey @ Bhaiyan has been acquitted from the charges under Sections 302/34, 201/34 IPC.

(3.) The prosecution story as emerges out of the record is that on 24.9.2012 the informant, namely, Shobhnath Srivastava son of Mahadev Srivastava, R/o Village Ramapur Kundaha, Police Station Sujanganj, District Jaunpur submitted a written application to S.H.O., Police Station Fatanpur alleging that on 16.09.2012 at about 4 P.M. accused persons Imtiyaz Ahmad @ Guddu and Ram Shringar Pandey @ Bhaiyan (respondent) came to his house and took his maternal grand-son, Suraj Kumar Srivastava with them. When his wife inquired from Suraj Kumar Srivastava as to where he was going, he replied that he would be back within 10 minutes and he accompanied the accused persons. It was further alleged in the application that since his departure with the above accused persons, Suraj Kumar Srivastava never returned back and when he went to the houses of the accused persons on 16.9.2012, he got information that they were also absconding since 16.09.2012. On 22.09.2012, he got information that near Jagnipur Nala a dead body has been found which was buried and photo of the same has been kept in Police Station Fatanpur. He went to the Police Station Fatanpur along with other villagers and identified the deceased as his maternal grand-son (Suraj Kumar Srivastava) by the photograph of the dead body and other material and thereafter they identified the dead body at the mortuary. His maternal grand-son, Suraj Kumar Srivastava has been murdered and buried by the accused persons.