VINOD PRASAD, J. - (1.) HEARD Sri Arvind Mishra, learned counsel for the revisionist and learned AGA for the respondent State.
(2.) REVISIONIST is aggrieved by the order the dated 26.2.2011, passed by Additional Sessions Judge/ Fast Track Court No. 3, Maharajganj, in S.T. No. 68 of 2009, State Vs. Krishn Kant Mishra and others, u/s 364-A, 302, 201, 120-B/34 IPC, P.S. Kotwali, district Maharajganj, concerning Crime No. 858/08, by which discharge application of the accused revisionist Durgesh Kumar Sharma being paper no. 11 Kha/1 and 11 Kha/2 have been rejected by the trial Judge. According to the prosecution version Kundan alias Ramu, a young infant boy of eight years was playing with his companions children on 21.5.2008 and all of a sudden he eloped. In that respect police was also informed. On 24.5.2008, father informant Hemant Kumar along with other relatives Sunil Kumar Verma, Ram Narayan, Heera Lal etc. came to P.S. Barhaj, district Deoria and there they identified abductee from his cloths and photographs. Corps of the boy, was earlier fetched out from a well on 22.5.2008, which was that of Kundan alias Ramu. Informant was convinced that Krishna Nand Mishra along with his associates have got his son abducted on 21.5.2008 and had plunged his cadaver in the well after murdering him that informant scribed the FIR annexure no. 1 to the affidavit filed in support of this revision and lodged it at P.S. Kotwali Sadar, Maharajganj on 24.5.2008 at 8.30 p.m. which was registered as Crime No. 858/08, u/s 364, 302, 201 IPC.
(3.) AUTOPSY on the dead body of the deceased vide annexure 2 was performed on 23.5.2008 at 4.30 p.m. and cause of his death was noted as asphyxia and shock due to drowning. Investigation into crime was under taken during course of which, informant Hemant Kumar, his wife Javitri Devi , sister Priyanka alias Preeti and other relatives and witnesses were interrogated and ultimately charge sheet was formulated against accused Krishna Kant Mishra and the revisionist and was filed in court on 22.6.2008. On the basis of the said charge sheet, case was registered in the court and accused persons were summoned and their case was committed to the Court of Sessions for trial.;