CHHITAR LAL Vs. STATE

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the learned Public Prosecutor. Brief facts of the case are that on 21.11.2006 Bhupendra Nagar lodged report Ex.P/42 and stated that his younger brother-Kamlesh went with his friend Vishnu Prasad on motorcycle on 19.11.2006 at 8.30 p.m. and onwards his brother is missing, extensive search was made and now a dead body was found in the well of Madholal at 8.30 p.m. and today in the morning his brother-Kamlesh's body was identified in the well. He came to know that Raju, Chetan son of Bheemraj, Chetan @ Chintiya son of Shrilal, Ram Charan, Sheoram, Chandra Prakash were with his brother in the party. He is not aware how his brother fell in the well. On this report proceedings under Section 174 Cr.P.C. were conducted.

(2.) ON 8.1.2007 Chhitar Lal, father of deceased, lodged report Ex.P/39 and stated that on 19.11.2006 after taking meals his son Kamlesh went alongwith Vishnu Prasad on motorcycle at 8.30 p.m. He did not lodge the report in the night and on enquiry in the morning Vishnu Prasad revealed that he left Kamlesh near the well of Madholal. ON enquiry accused-Ram Gopal disclosed that Kamlesh was in the party alongwith other accused-persons named in the report Ex.P/42. It was further stated that there were some injuries on the dead body and after recovering the dead body accused-persons absconded. It was further stated that Laxminarayan, uncle of accused Chetan @ Chintiya told him that Kamlesh made many attempts to jump in the well, but other persons restrained him. Kamlesh is a good swimmer and he could not have died on account of drowning and it appears that in the state of intoxication other members of party have caused death of Kamlesh and lateron have thrown body in the well. ON this report, case under Section 302, 201 IPC was registered and after completion of investigation challan was filed against seven accused-persons and after trial all accused-persons were acquitted of the charges under Section 302, 302/120-B, 201 and 176 IPC.