- (1.) The argument of this case was concluded on 05.04.2019. We then made the following order :- "Heard Sri Satyaveer Singh, learned counsel for the appellants, Sri Rajeev Sharma, learned counsel for the informant and Sri Indra Pal Singh Rajput, learned A.G.A. for the State. We are pronouncing the operative portion of the judgement, but will give reasons later on. The appeal is allowed. The impugned judgement and order dated. 30.7.2011 passed by Additional Sessions Judge, Court No.1, Firozabad, in S.T. No.415 of 2006 (State of Uttar Pradesh Vs. Ramdin and 2 others) are set aside. All the three appellants are acquitted of all the charges framed against them. Appellant Ramdin-A1 and Jaiveer-A2 are in jail. They shall be released forthwith unless they are wanted in some other case. As far as Tehsildar-A3 is concerned, he is on bail. He need not surrender. His bail bonds are cancelled and his sureties discharged. The appellants shall however, comply with the mandatory requirements of Section 437-A Cr.P.C. within a period of three weeks from today." Here are the reasons :-
(2.) This criminal appeal has been filed by Ramdin (A1), Jaiveer (A2) and Tehsildar (A3) against the judgement and order dated 30.07.2011 passed by Additional District & Sessions Judge, Court No. 1, Firozabad in Sessions Trial No. 415/2006, State Vs. Ram Din and others, by which all the three appellants were convicted and sentenced to imprisonment for life and a fine of Rs. 10,000/- each and in case of default in payment of fine, one year additional imprisonment u/s 302/34 I.P.C. and five years rigorous imprisonment and a fine of Rs. 5,000/- each and in case of default in payment of fine, three months additional simple imprisonment u/s 201 I.P.C. Both the sentences were directed to run concurrently.
(3.) The prosecution case in brief is that P.W.2 informant Kayam Singh gave a written report (Ext.Ka.3) at P.S.- Eka, District- Firozabad on 28.10.2005 at about 15.10 hours stating therein that while his sister-in-law, Bal Kunwar wife of Nem Singh and his brother, Nem Singh hereinafter referred to as the deceased were harvesting their maize crop in their field on 26.10.2005 at about 5 p.m., his cousin brothers Ramdin (A1), Jaiveer (A2) and Tehsildar (A3), sons of Jaagan Singh, residents of Nagla Veeri, P.S.- Eka, came to the deceased's field and took him with them on the pretext for doing some important work. His brother did not return to his home thereafter. His sister-in-law and other members of the family searched for him and informed P.W.2 Kayam Singh about the deceased going missing who went to search for his brother and found a headless dead body which had been cut into several pieces which were lying on the northern bank of Katana Khaarja Nahar Nagla Moti which was identified by him and his other family members as that of the deceased. He was certain that his brother's murder had been committed by Ramdin (A1), Jaiveer (A2) and Tehsildar (A3).;