AMARLAL Vs. BALUSINGH

JUDGEMENT

(1.) The applicant/complainant has preferred this petition under section 378(3) Code of Criminal Procedure, 1973 (for short 'The Code') for grant of leave to appeal against judgment dated 29.06.2017 passed by Special Judge, SC and ST (Prevention Atrocities) Act, Mandsour in Special Case No. 92/2010, whereby respondents/accused Nos. 1 to 4 have been acquitted from the charges of offence punishable under Sections 365, 302/34 and 201 of the I.P.C. and under section 3 (2-V) of SC &ST (Prevention of Atrocities) Act, 1989.

(2.) Brief facts of the case are that on 01.03.2009, the station superintendent of railway station Luni Richa intimated to the Station House Officer G.R.P., Shyamgarh that K.M.N. No.722/20 one unknown person has run over. On the basis of this, G.R.P., Shyamgarh registered merg intimation No.3/2009 under section 174 of Cr.P.C., 1973 The Police reached to the spot and found that the death body of a male person was lying, he sustained injuries on his neck, left elbow, stomach and his body was divided in two parts. After preparation of his lash panchanama, police has sent his body to the hospital for postmortem. After that his body was kept for 72 hours for identification, however, no one came to identified the dead body of the deceased. Then the photograph of dead body were taken and it was handed over to the Nagar Panchayat, Shyamgarh for cremation. On 06.03.2009, Amarlal S/o Kachru went to the Thana G.R.P., Shyamgarh and saw the photographs of the deceased and identified him as his son-Gopal. His statement was recorded, in which he narrated that his son Gopal was working as labour in the field of Balu Singh, Balu Singh was involved in work of making illicit liquor through Gopal. On 26.02.2009 Balu Singh beated Gopal and therefore Gopal ran away and came to Village Barkheda where his aunt lived. His brother Ghanshyam was also reached there. On 28.02.2009, Gopal was standing on Gumti, where Balu Singh alongwith four companions came there and took him on their motorcycle. Ghanshyam was also present there, who informed the incident to Amarlal and his brother Chandar. Amarlal and Ghanshyam searched the Gopal but they did not trace him. After knowing about the recovery of the body of one unidentified person in railway track through news paper. Ghanshyam alongwith Amarlal reached the Police Station Shyamgarh. The Police recorded the statements of Ghanshyam also and registered an FIR against Balu Singh and four others persons. Police arrested the accused persons on 08.10.2009 and recovered various weapons on the basis of their disclosure statements. During the investigation police also found that Gopal teased the sister of Balu Singh and for that reason, he committed murder of Gopal with the help of Govindgiri, Umrao Singh and Ramsingh by sustaining him injuries by knife and with intention of screening themselves from legal punishment they put the body of deceased at the railway line. After completion of the investigation, police filed charge-sheet.

(3.) The learned trial Court after due appreciation of the entire evidence on record, acquitted the respondents No.1 to 4/accused from the aforesaid charges. Being aggrieved finding recorded by the trial court the applicant/State has filed this petition for grant of leave to appeal against the impugned judgment of acquittal.