Bala Krishna Narayana,J.-

1. The argument of this case concluded on 02.06.2017. We then made the following order :-

"Heard Sri Amit Tripathi, learned counsel for the appellant, Sri Rajeev Gupta, learned AGA and Smt. Manju Thakur, learned brief holder for the State.

We are making the operative order now. But we will give the reasons later.

The appeal is allowed.

2. The impugned judgment and order dated 15.09.2008 passed by Special Judge (D.A.A.)/Additional Sessions Judge, Court no.5, Etah, in Special Sessions Trial No. 99 of 2006 and Special Sessions Trial No. 41 of 2007, convicting and sentencing the appellants u/s 364 A to undergo life imprisonment with fine of Rs. 5000/- each, is set-aside. The appellants, Daya Ram and Murari Yadav are acquitted of all the charges.

Both the appellants are in jail. They shall be released forthwith unless they are wanted in some other case subject to their complying with Section 437A Cr.P.C."

Here are the reasons :- This criminal appeal has been preferred against the judgment and order dated 15.09.2008 passed by Special Judge (D.A.A.)/ Additional Sessions Judge, Court no.5, Etah, in Special Sessions Trial No. 99 of 2006 and Special Sessions Trial No. 41 of 2007, convicting and sentencing the appellants u/s 364 A to undergo life imprisonment with fine of Rs. 5000/- each.

Briefly stated, the facts of this case are that while PW-1 Constable Harish Pal was posted at police outpost Kachala P.S. Soron, District Etah on convoy duty along with Constables Jagdish Prasad Gautam, Jaiveer Singh and Constable Kailash Chandra, he received an important information on his phone at about 7.00 p.m. upon which he left for Nagaria on his motorcycle along with his loaded SLR after informing his colleagues that he was going to Nagaria to verify the veracity of the information received by him and he would return within 15-20 minutes but when he did not return despite lapse of half an hour his colleagues became anxious and started searching him. When they reached near Nagaria police out post they met one Mukesh r/o Bamauli who told them that one motorcycle on which police was written was lying unclaimed near Hasanpur bifurcation entangled in a rope and no-one was present there. On receiving the aforesaid information Constables Jagdish Prasad, Jaiveer Singh and Kailash Chandra proceeded to Hasanpur crossing along with Mukesh and on reaching there they saw that Harishpal's Bajaj Discover motorcycle was lying on the road entangled in a plastic rope one end whereof was tied around an eucalyptus tree on the side of the road. Despite making a hectic search for Harishpal in the nearby areas his colleagues failed to locate his whereabouts, Constable Jagdish Prasad then made a written report of the aforesaid fact on 24.07.2006 to the Officer-in-Charge, P.S. Soron, which was recorded in G.D. as missing report and thereafter the police personnel of P.S. Soron launched a massive search for Constable Harish Pal within the territorial area of P.S. Soron.

4. On 31.07.2006 at about 6.15 a.m. P.W.-4 Mahendra Pratap Singh brother of Constable Harishpal Singh gave a written complaint at P.S. Soron, District Etah stating therein that he had lodged a missing report with regard to his brother Constable Harish Pal on 31.07.2006, who while on duty at police out post Kachala, P.S. Soron, District Etah on 24.07.2006 had left the police out post Kachala at about 7.30 p.m. with the object of verifying the important information was received by him on his mobile no. 9798064254 between 7-7.30 p.m. promising his colleagues to return back within 15-20 minutes but he did not come back till 8.00 p.m.. On the same day a motorcyclist had informed the police out post Kachala that a motorcycle tied with a rope was lying on the Nagaria-Neuli road on which police personnel of P.S. Soron reached there and found a motorcycle lying there but they could not trace out Harish Pal. On 25.07.2006 one bandit had called from the cell phone no. 9837046889 on th