Ravindra Nath Mishra, J. - (1.) This criminal revision has been preferred against the judgment and order dated 5.2.2007 passed by Additional Sessions Judge, Pratapgarh in Sessions Trial No. 171 of 1992 (State of U.P. Vs. Jagannath Patel and others) arising out of Crime No. 169 of 1989 under Sections 147, 120-B, 302, 149 and 201 I.P.C., Police Station Kotwali Kunda, District Pratapgarh, whereby the respondents-accused have been acquitted of the charges framed against them.
(2.) Brief facts giving rise to this revision are that on 19.8.1989 complainant Guru Prasad Jaiswal lodged a F.I.R. in Police Station Kunda, District Pratapgarh that his son Chandra Kant had gone to meet relatives on 11.8.1989, but he did not return home even after lapse of several days. However, cousin brother of the complainant Sunder Lal told him that on 11.8.1989 at about 12.00 in the noon Chandra Kant had come to his house and at about 2.00 O'clock he left his house for Lala bazaar. The complainant also searched his son in Lala bazaar and other possible places, but he could not find him. On 19.8.1989 a dead body was found near "matai ka kuan', which was tied in a "joot bag". Getting this information son of the complainant Surya Prakash went there and identified that the dead body was possibly of Chandra Kant. It is also mentioned in the F.I.R. that Jagan Nath son of Nanhakoo Patel, Shyam Lal, Surya Bali, Raj Kumar and Krishna Chandra were inimical to family of the complainant and on 13.6.1989 a "marpeet" also had taken place regarding which an F.I.R. was lodged in Police Station Kunda. A civil litigation is also alleged to be pending in civil Court between them. Therefore, the complainant believed that due to this enmity above persons had murdered his son Chandra Kant and in order to hide their guilt they had thrown the same near "matai ka kuan" putting it in a "joot bag". The matter was investigated by police, which culminated into filing of charge-sheet against the respondent-accused in the Court under Sections 147, 120-B, 202/149 and 201 I.P.C. The cognizance was taken on charge-sheet and charges were framed against respondent-accused to which they denied and claimed to be tried.
(3.) In order to substantiate the charges framed against respondent-accused prosecution examined PW-1 Ram Narain, PW-2 Shohan Lal, PW-3 Ram Manoher and PW-8 Shambhoo Nath, who are witnesses of inquest report. Prosecution also examined witnesses of fact PW-4 Surya Prakash, PW-5 Ved Prakash, PW-7 Smt Rama Devi. Dr. Pradeep Kumar, who had conducted post-mortem on cadaver of the deceased, was examined as PW-6 and investigating officer Rama Shanker Dubey was as PW-9.;