Rajul Bhargava, J. - (1.) Heard Sri Ali Murtaza, learned Additional Government Advocate for the State of U.P.-appellant and Sri Harsh Vardhan Shastri, learned counsel for respondent nos. 1 & 7 as well as Sri Amit Kumar Srivastava, learned counsel for the respondent nos.2 to 6 & 8.
(2.) The instant government appeal is directed against impugned judgement and order dated 8.5.2002 passed by Special Judge, (Prevention of Corruption Act) in Special Criminal Case No.31 of 1994 (State Versus K.P. Singh and others) arising out of Case Crime No. 157-A of 1994, Police Station Kunwar Gaon, District Budaun whereby he acquitted accused-respondent no.1, Krishna Pal Singh, the then Station House Officer, Police Station Kunwar Gaon,District Budaun under Section 7/13 (1) (D) of Prevention of Corruption Act and also acquitting, respondent no.1, K.P.Singh and Constable Chamakar Singh, Constable Bhimsen, Constable Mazeed Ahmad, Constable Karan Singh, Constable Suresh Chandra, Constable Rajendra Singh and Constable Ram Saran under Sections 302 read with Section 120-B, 343, 220 I.P.C.
(3.) The prosecution version as narrated in the F.I.R. lodged by PW 5, Krishnapal Singh at Police Station Kunwar Gaon, District Budaun on 12.9.1994 at 3 p.m. in brief is that about eight days' back at about 4 p.m. the police of Police Station Kunwar Gaon, District Budaun had taken away his brother,Deshraj Singh and detained him at the police station. At that time, the informant and others were working in fields. Station House Officer Incharge, Krishnapal Singh (hereinafter referred to as 'SO') along with other police personnel had taken his brother and did not disclose as to under what charge he was taken by them. Deshraj Singh was not challaned in any criminal case till 11.9.1994 and he was continuously beaten during these days. On 12.9.1994 in the morning SO and others badly thrashed Deshraj Singh and then set him on fire after pouring petrol on him on account of which Deshraj Singh got badly burnt. The policemen did not give any information and he was taken to the hospital. When first informant along with others were going to Budaun on 12.9.1994 in connection with some work and they saw that in the same bus, his brother in badly burnt condition was in the bus along with SO and others. On being inquired, Deshraj Singh has told him that SO and others have set him ablaze after pouring petrol. The deceased, Deshraj Singh succumbed to the burnt injuries in the hospital. On the application of first informant, PW 5, Superintendent of Police,Budaun directed for registration of F.I.R. Consequently, the F.I.R. was registered as Case Crime No.157-A of 1994 under Sections 302/342 I.P.C. against the SO, K.P. Singh and others. On the orders of S.P. Budaun, the investigation was entrusted to CBCID. On 14.9.1994, the Investigating Officer inspected the spot i.e. premises of police station and prepared site-plan as Ext. Ka-5 by the prosecution. In the site-plan place 'A' is shown as the room of Inspector and the Investigating Officer noted that blackening was present on the ceiling, walls and other places. Half burnt dress of a homeguard found hanging on the wall in the same room was taken in possession and the same was also sealed. Its recovery memo was also prepared. From place of incident, burnt skin, ashes of burnt clothes were also taken in possession, recovery memos whereof were prepared on 14.9.1994. During trial the genuineness of these recovery memos was admitted and its formal proof was dispensed with by the defence. On 14.9.1994 itself kerosene container lying outside the police office in the verandah was taken in possession in which two litres of kerosene was found which according to the police was used by the deceased, Deshraj Singh in committing suicide after pouring kerosene on himself. Its recovery memo was also prepared on 14.9.1994. The defence also admitted genuineness of it and its formal proof was dispensed with. We may record that the defence has admitted the genuineness of documents and did not challenge the recovery of aforesaid incriminating articles. We may further record that post mortem report on the dead body of deceased, Deshraj was conducted on 12.9.1994 at 5.40 p.m. at District Hospital Budaun, in which ante mortem superficial to deep burnt over whole of body except both soles and some others parts was present. Doctor noted that deceased sustained 99% burns and cause of death was opined to be shock as a result of ante mortem burn injuries. The genuineness of post mortem was also admitted by the defence counsel by making note on the said report formal proof was dispensed with on 22.4.2002. The post mortem report is Ext. Ka-2.;