NARENDRA SINGH DHADDHA,J. - (1.) Appellant has filed this appeal challenging the order dated 25.09.2019 passed by the Trial Court, whereby, respondents No.2 to 4 were acquitted of the charges framed against them.
(2.) to 4. Prosecution had been successful in establishing its case. From the testimony of PW-8 Sampat, PW-9 Krishna and PW-19 Ramesh, it was evident that Pankaj (since deceased) aged about 10 years had been called by respondent No.4 in her house and thereafter, dead body of Pankaj was recovered after two days from a well. Motive behind the incident was that mother of the deceased had given Rs. 1,000/- to respondent No.4 Ratni and when the said amount was demanded back, respondent No.4 in connivance with other accused had committed the muder of Pankaj. Recovery of mattress was effected from the well. The said mattress was blood stained and was having hair of the deceased. Respondents No.2 to 4 had faced trial qua offence punishable under Sections 302, 302/34 and 201 of Indian Penal Code, 1860 on the allegation that they had committed murder of Pankaj and had thereafter destroyed evidence to save themselves. Trial Court vied impugned order dated 25.09.2019 has ordered the acquittal of respondents No.2 to 4.
(3.) It has been noticed by the Trial Court that recovery of the mattress was effected from the well and the prosecution had failed to connect the accused with the said recovery. Moreover, the mattress was never sent to Forensic Science Laboratory for examination of the blood stains or the hair found on it.;