- (1.) HEARD learned AGA and perused the trial Court judgment and record.
(2.) THIS application for leave to appeal has been preferred against the judgment and order of the Additional District and Sessions Judge, Fast Track Court No.7, Shahjahanpur dated 11.01.2011 acquitting the accused respondent Babloo under Section 302/34 and 201 I.P.C.. One other person, namely, Chhotey Lal was also made an accused in this case but his trial was separated as he was found to be a juvenile. The FIR of the incident was lodged on 3.1.2004 at 9.50 A.M. by PW1-Mahendra Pal, brother of the deceased Deen Dayal, alleging that on 2.1.2004, the deceased Deen Dayal had left his home at about 5 P.M. for going to Village-Bharri Basantpur to the flour mill of Shimbhu to bring some rice, but when he did not return, a search was made for the deceased and his dead body was found in the sugarcane field of Balakram. The trial Court acquitted the accused respondent on the ground that only two witness PW2-Shripal and PW5-Arendru Dev are said to have been sitting near the village of occurrence but the deceased was not even with them at that time. One witness PW 4 Sudhir Singh has been examined as a witness before whom the accused respondent Babloo and Chhotey Lal are said to have confessed their crime but it was pointed out that PW4 was not a person of status and there was no reason why the accused persons would have confessed the crime before him for seeking protection from the police. It was therefore observed by the trial Court that the chain of circumstances are insufficient for connecting the accused respondents with the offence.
(3.) LEANED AGA argued that there are two witnesses who saw the accused sitting near the place of occurrence. There is a witness of extra judicial confession, who is an independent witness and there is no reason for false implication of the accused respondent. Considering the totality of the facts and circumstances of the case, we are of the opinion that the judgment of the trial Court acquitting the accused respondent does not suffer from any illegality or perversity. There is no good ground to interfere in the judgment and order of the trial Court.;