STATE OF U P Vs. RAKESH

JUDGEMENT

(1.) Heard learned AGA.

(2.) This Government Appeal with application for grant of leave for filing appeal u/s 378(3) Cr.P.C. has been filed by the State of U.P. against Rakesh and three others against the judgement of acquittal dated 8.11.2002 passed by the F.T.C. No. 5 of Additional Sessions Judge, Etah, in S.T. No. 457 of 1999, State Vs. Rakesh and others, arising out of Case Crime No. 15 of 1991, u/s 306 I.P.C., P.S. Jaithra, District Etah.

(3.) Learned AGA has vehemently argued that the informant Bahori Singh was not witness of fact. Rather when he reached at the home of his sister, the family members of accused i.e. Raju, aged about 12 years, and his sister, aged about 5-6 years, narrated that parents of them have abused for demand of money with Javitri and when she narrated incapacity of her parents, Rakesh, Bhagwati, Mohar Singh and Ajay Pal committed murder of her, in which Rakesh and Ajay Pal caught hold her hands and legs and Bhagwati and Mohar Singh put pressure over her neck. Then after dead body was kept in a tractor and was taken somewhere else. On the basis of this information given by those two children, report of Case Crime No. 15 of 1991 was got registered at police station concerned. But in the trial none of them have been examined and all the three witnesses, who were examined by prosecution, were not witnesses of fact. Thereby judgment of acquittal has been passed. Hence this appeal.