PHULANGI YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By Court Heard learned counsel for the parties.

(2.) Petitioner has invoked revisional jurisdiction of this Court under Sections 397 and 401 of the Code of Criminal Procedure against the judgment of acquittal dated 1st August 2008 passed in Sessions Trial No.65/2007 by the learned Additional Sessions Judge, Fast Track Court, Koderma, whereunder the two accused persons/opposite party nos. 2 and 3 herein have been acquitted of the charges under Sections 302/34 of the Indian Penal Code.

(3.) Fardbeyan adduced as Exbt.2 was recorded on 22nd December 2006 at Purnadih Amba Chattan land at about 10.30 A.M. F.I.R. being Markacho P.S. Case No.103/2006 under Section 302/34 I.P.C. was registered on the same date at 2.15 P.M. (Exbt.4). Place of occurrence was about 30 K.M. east at Purnadih, Amba Chattan, P.S. Markacho, District Koderma. The date of occurrence is 21st December 2006 but time of occurrence was not mentioned in the fardbeyan nor in the F.I.R. The informant through his fardbeyan interalia alleged that on 21st December 2006 at about 11 A.M. his son Rajesh Yadav aged about 12 years had gone for grazing cattle. At 5 P.M. on the same day though the cattle returned, but his son did not return. He made search with the help of the villagers. They came near Amba Chattan tanr about 1 K.M. west from the village and found the dead body of the informant's son lying in the field of Chhattar Pandit. There were injuries on the left leg over the dorsum of the left hand, upper portion of face with abrasion on the chest. Informant came to the conclusion that his son had been assaulted and killed.