V.D. Chaturvedi, J. - (1.) This State appeal is filed against the order dated 29.09.1999 passed in Sessions Trial No. 160 of 1998 by Sri S.K.S. Yadav, the then 15th Additional Sessions Judge, Agra, whereby he discharged the accused /respondents Mahaveer Singh, Rajveer Singh, Ranveer Singh and Sher Singh, who were charge-sheeted for the offences punishable under Section 302, 182, 211 and 120B IPC.
(2.) We have heard Sri R.K. Singh, AGA and Sri K.N. Raha Advocate for the respondents and have perused the record.
(3.) The relevant facts, in brief, are that on 13.02.1988 the murder of Mahaveer S/o Ramji Lal was committed in a field. Its report was lodged by the accused/ respondent Mahaveer Singh Son of Shyam Lal against Ram Sahai, Om Prakash, Baij Nath and Ram Pal. It may be mentioned for the sake of clarity that the deceased and the complainant both are of the common name. The investigation was started by the police of P.S. Jagner, District Agra. The investigating Officer expressed doubt regarding involvement of the accused Ram Sahai, Om Prakash, Baij Nath and Ram Pal. Meanwhile, the investigation was transferred to S.I.S. whose I.O. also doubted the involvement of the persons named in the FIR. The S.I.S. in its investigation suspected the respondents Mahaveer Singh (Informant), Rajveer Singh, Ranveer Singh and Sher Singh to be the real culprits. But meanwhile the investigation was withdrawn from the S.I.S also and was transferred to C. B. C. I. D. The I.O. of C.B.C.I.D., after recording the evidence of the witnesses and after the usual investigation submitted charge-sheet against the respondents Mahaveer Singh son of Shyam Lal (Informant), Raj Veer Singh, Ran Veer Singh and Sher Singh for the offences punishable under Sections 302, 182, 211 & 120B IPC. The evidence collected by the C.B.C.I.D. includes following evidence, along with other evidence: (i) The statement of Shiv Singh that on 13.02.1988 at about 6.00 a.m. (on the date and time of occurrence) he saw the deceased Mahaveer Singh with the respondents Ran Veer Singh, Raj Veer Singh and Sher Singh sitting near the place of occurrence warming around the bonfire and after a little while when he reached on the Mend of his field, he heard the sound of gun-shot emanating from the place of occurrence where the respondents and deceased were sitting; that he witnessed respondent Ran Veer Singh, Raj Veer Singh and Sher Singh fleeing from the place of occurrence towards the village; that at that time respondent Ranveer Singh was having a pistol in his hand and the remaining two were having lathies. The witness also saw that the dead body of the deceased was lying there at the place of occurrence. (ii) Witness Dharamveer Singh supported the statement of Shiv Singh as above. (iii) Witness Nathi Lal also supported the statements of Dharamveer Singh and Shiv Singh. (iv) The extra judicial confession made by the accused Raj Veer Singh before his brother respondent Mahaveer Singh, overheard by witness Mohan Singh, the brother of the deceased. (v) The statement of Gaj Singh before whom the respondents Ranveer Singh and Sher Singh made extra judicial confessions. (vi) The statement of Soran Singh before whom respondent Ranveer Singh made extra judicial confession regarding murder of Mahaveer Singh son of Ram Ji Lal . (vii) The statement of Ramji Lal (father of the deceased) that when he was heading to lodge the report, the respondent Mahaveer Singh precluded him from going to the police station for lodging the report; that respondent Mahaveer told him that respondent (Mahaveer Singh) had lodged a report against his enemies; that Mahaveer Singh, put Rs. 10,000/- before the wife of the witness and asked her to keep mum in response; that the respondent confessed his guilt; that the respondent also threatened that if the witness or any member of his family would open his mouth, the witness's another son Mohan would also be killed. (viii) The statement of Smt. Bhagwan Devi (mother of the deceased) corroborated the statement of Ramji Lal . (iv) The statement of Smt. Vimla, sister of the deceased, corroborated the statement of Ram Ji Lal and Smt. Bhagwan Devi. (x) It is also in the evidence that after the murder of Mahaveer, the respondents Ranveer Singh, Sher Singh and Rajveer Singh disappeared from the village. (xi) It is also in the evidence that there was enmity between Shyam Lal (father of respondent Mahajveer Singh) and those against whom the FIR was lodged by respondent Mahaveer Singh.;