M.C.JAIN,J. - (1.) THE State has preferred this appeal against the judgment and order dated 2 -3 -1998 passed by Sri I.B. Singh, the then V Additional Sessions Judge, Kanpur Nagar in S.T. No. 742 of 1993, whereby he acquitted the three accused -respondents, Rajesh, Najai and Mohan of the charge under Section 302 read with Section 34 IPC.
(2.) THE murder of a lad Deepak aged about 11 years son of Virendra Kumar PW 1 was involved in the incident which took place on 11 -4 -1993 at about 5.00 p.m. inside house No. 128/21 C Block, Kidwai Nagar, Police Station Kidwai Nagar, District Kanpur Nagar. The report was lodged the same day at 6.40 p.m. by Virendra Kumar PW 1, father of the deceased an eye -witness. All the three accused -respondents were named in the F.I.R. The relevant facts are related here for appreciation of the subsequent discussion. Virendra Kumar PW 1 resided in house No. 128/48 B Block, Kidwai Nagar, District Kanpur Nagar. On the fateful day (Sunday) at about 5.00 p.m., he and his brother Shiv Kumar Srivastava were going to eat betel near Pico Centre belonging to Rajesh accused -respondent. When they reached near Rajesh Pico Centre, they saw that the accused Rajesh, Najai and Mohan were beating Deepak aged about 11 years (son of Virendra Kumar) by making him 'Murga' putting two bricks on his back. Rajesh was pressing bricks on his back. The hands and feet of the child victim had been tied and the accused Najai was caning at his legs. On being questioned by Virendra Kumar, the accused Rajesh held out that (Deepak) had stolen his money. Virendra Kumar requested the accused persons to leave Deepak, imploring that he had not caused any damage to them and they had tortured him a lot, but Rajesh refused to leave him and retorted back that he would further be assaulted, commanding him to run away as otherwise he would also be dealt with the same way. Virendra Kumar stated that he was going to inform the police. In the mean time, Brij Bhan Singh and others has also arrived there. Then, all the three accused carried Deepak (victim) dragging him in house No. 128/21 C Block, Kidwai Nagar, Kanpur Nagar wherein one of the accused Mohan resided. They confined him inside, shuting the door. Verendra Kumar and others kept shonting from outside and other people also gathered there. After about half an hour, all the three accused persons ran away emerging from House No. 128/21 C Block, Kidwai, Nagar. Virendra Kumar and others went inside the house and saw that Deepak was hung with a hook in the ceiling, his feet being at the height of about 4 -5 ft. from the floor. He was dead. He then lodged the F.I.R. resulting in the registering of the case.
(3.) THE investigation was taken up by Chandra Shekhar Yadav PW 4. He reached the spot, prepared Panchayatnama and completed other formalities for the autopsy of the dead body of the boy and prepared site plan of the place of incident. Dead body, after completing formalities, was sent for post mortem. The statements of the witnesses were recorded. Ultimately, a charge -sheet was submitted.;