DIL KUMAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant is the father of the deceased who has preferred this appeal aggrieved by the judgment and order of acquittal in favour of respondent no.2 who had been put on trial for killing his son, a twelve years old child.

(2.) We have heard Sri Surya Narayan Yadav, learned advocate for the appellant/Informant and Mr. Ajay Kumar Thakur for respondent no.2. We have also perused the Lower Court records.

(3.) The appellant/Informant has lodged the FIR on 23/5/2014 alleging that his son (deceased) had gone missing since 21/5/2014. In the aforenoted report, it was alleged by the appellant, who has been examined as P.W.7 at the trial, that the deceased was playing along with his sister Suhani (P.W.6) in the field where respondent no.2 was also present and roaming around. After sometime, the daughter of the appellant came back home for quenching her thirst. In the meantime, it has been alleged, respondent no.2 kidnapped the deceased and the reason for the appellant to assert is that when the sister of the deceased again went out in the fields to play, she saw neither her brother nor respondent no.2. The sister of the deceased thereafter came back home and told the appellant that respondent no.2 has taken away her brother. A search was made by the appellant and his family members on the same day but to no avail. A day later i.e. on 22/5/2014, an information was given by the appellant to the Officer In-charge of the concerned police station whereafter some enquiries were made by the police but nothing happened. On 23/5/2014, at about 9 o"clock in the day, a word went round in the village that a dead body is floating in the village well. The appellant and his family members went there and immediately identified the dead body to be that of his son. The appellant claims to have informed about it to the Officer In-charge of the police station whereafter the police party arrived and took out the dead body from the well. The appellant, therefore, had alleged that because of old enmity, respondent no.2 has kidnapped his son, killed him and thereafter, in order to screen the offence, threw the dead body in the well.