JUDGMENT :

VIKAS BUDHWAR, J.

1. This appeal under section 372 Cr.P.C. has been instituted by the appellant namely Pramod Kumar Parasar, father of the informant Rahul Kumar and of deceased challenging the judgment and order dated 10.01.2019 passed by Addl. Sessions Judge, Firozabad, Court No. 4 in S.T. No. 161 of 2011 (State vs. Sri Bhagwan and Others) under Sections 302, 201 IPC in Case Crime No. 453 of 2010, Police Station-Uttar, District-Firozabad.

2. The appeal was presented before this Court on 4.4.2019 and on 8.4.2019, lower court records were summoned. Thereafter on 9.7.2019, 16.7.2019, 23.7.2019, 30.7.2019, 4.9.2019, 13.9.2019, 20.9.2019, 27.9.2019, 15.10.2019, 23.10.2019 and 13.11.2019, this appeal was taken up but it was adjourned on every dates either on the illness slip of the learned counsel for the appellant or on adjournment which reveals that learned counsel for the appellant is avoiding hearing of the appeal and thus this Court was constrained to pass an order on 11.2.2022 observing that in case learned counsel for the appellant is not present on the next date so fixed, this Court may proceed to decide the appeal with the help of learned AGA.

3. Yet today when this case was taken up, nobody appeared to press this appeal, and thus this Court is proceeding to decide the appeal with the assistance of learned AGA.

4. The factual matrix of the case as worded in the present appeal are as follows:

(i) One Rahul (PW-1) S/o Pramod Kumar, R/o mohalla - Dayal Nagar, Kotla Road, Police Station-Uttar, District-Firozabad had submitted a written complaint on 12.9.2010 before Police Station-Uttar. District-Firozabad with the allegation that his brother Gaurav has certain relationship with Puja, the daughter of Bangali Babu Badhai. In this connection, the informant had even beaten his brother and restricted him not to maintain any relationship with Puja and has also made a complaint and lodged his protest before Bangali Babu Badhai advising him to restrict his daughter Puja for continuing any relationship with his brother Gaurav.

(ii) According to the first informant, on 12.9.2010 in the night, he was sleeping on the terrace of his house and his brother was sleeping inside the house. As per prosecution version when in the morning he woke up then one of his neighbour namely Anil Kumar, S/o Rameshwar Dayal apprised him that in the previous night at about 1:00 a.m. he saw his brother Gaurav standing just in front of the house of Bangali Babu Badhai and further informed that Rajesh Kumar S/o Radha Krishna and Satendra Babu S/o Ram Sanehi was also standing near bye-pass road and also witnessed that Sri Bhagwan was driving motorcycle and in between deceased Gaurav was sitting and in his back Satyadeo was sitting and deceased Gaurav was sitting in such a manner which reflected that his neck was hanging and according to prosecution case, the persons who had witnessed such event thought that Gaurav (since deceased) was ill and he was being taken to hospital.

(iii) As per prosecution case, on the next date, dead body of Gaurav, who happens to be brother of the informant, was found near a small bridge. Accordingly, the first informant, who happens to be the brother of the deceased, submitted a written complaint against Sri Bhagwan, Satyadeo, Km. Puja and Bangali Babu.

(iv) On the basis of the written complaint, an FIR was lodged at Police Station-Uttar, District-Firozabad on 12.9.2010 at 10:00 a.m. registering Case Crime No. 453 of 2010, under Sections 302, 201 IPC.

(v) Investigation was put to motion consequent to the lodging of the FIR, while getting Panchayatnama prepared and sending the dead body for postmortem site plan was also prepared.

(vi) The Investigating Officer conducted the investigation and submitted charge sheet purported under Section 302, 201 IPC against Sri Bhagwan, Satyadeo and Km. Puja. However, so far as Bangali Babu is con