DINESH KUMAR SINGH-I,J. - (1.) Heard the arguments of learned counsel for the revisionists, Sri Dalvir Singh and Sri Raj Narayan Gupta, learned counsel for the opposite party.
(2.) This criminal revision has been preferred against judgment and order dated 22/02/2014 passed by Special Judge (SC/ST) Act/Additional Sessions Judge, Etah in ST No. 400 of 2009, State v. Ajai Pal and Another , praying that the said order be set aside.
(3.) The facts of the case are that the opposite party No. 2, Man Singh, the first informant had lodged an F.I.R. at PS Nayagaon, District Etah on 05/08/2009 at about 9.45 PM that his daughter (name is not being mentioned by this Court) aged about 9 years had gone in the evening at about 7 PM to ease herself out in the field of corn belonging to Sarvesh resident of Nagaria Sikandarpur and when she did not return till late, he along with Ramesh, bearing torching in their hands, went in search of her and saw that Ajay Pal and Bhovraj Singh of his village had murdered his daughter strangulating her. They had seen these persons fleeing from the place where dead body of his daughter was lying, at about 8.15 p.m., the panty of his daughter was lying on the spot. On the said report case crime No. 52/2009 under section 302 IPC was registered against the above accused persons. The police investigated the case and submitted charge sheet against both the above accused under sections 302 and 376 IPC. The trial Court had commenced the trial and had recorded as many as 6 witnesses of the prosecution side.;