- (1.) This revision has been directed against the order dated 31-5-2001 passed by Vth Additional Sessions Judge, Budaun, on Sessions Trial No. 217 of 1990 under Section 302, I.P.C. not convicting the opposite party No. 2 Anar Singh for the offence punishable under Section 302, I.P.C.
(2.) The prosecution story, briefly stated, was that on 11-4-1989 Nem Chand aged about 10-11 years son of the applicant had gone to graze goats along with Anar Singh opposite party No. 2 as usual. He did not return to his house on the said day. The goats also did not return. The applicant started searching for him, but he could not be traced. On 12-4-1989 when the applicant was again searching for his son along with some other persons of the village, the opposite party No. 2 and one Ram Kumar were jointly seen in a wheat crop. Observing the applicant and other persons Raj Kumar left the spot. The complainant and other enquired from Anar Singh, opposite party No. 2 about Nem Chand and his goats. Then he said that goats of Nem Chand had damaged crops of Raj Kumar, therefore, Raj Kumar along with him took Nem Chand in arhar field, where he murdered him by causing knife injury and pressing his neck with lathi and sold his goats to compensate his loss. Accordingly, report was lodged by the applicant and a case under Section 302, I.P.C. was registered against Raj Kumar and Anar Singh, opposite party No. 2.
(3.) The Chief Judicial Magistrate before whom the case was pending for committal granted pardon to the opposite party No. 2, as he became witness of the prosecution. Accordingly, his case was not committed to the Court of Session. The case of Raj Kumar was committed to the Court of Session.;