JUDGMENT :

Vikas Budhwar, J.

1. Present government appeal, under Section 378 (3) Code of Criminal Procedure (hereinafter referred to as “Cr.P.C.) has been preferred against the judgment and order dated 10.06.2020, passed by the Additional District and Sessions Judge, Court No.1, Gorakhpur in Session Trial No. 158 of 2012 (State of U.P. vs. Gaya Singh and others), arising out of Case Crime No. 163 of 2011, under Section 302 /34,201 I.P.C, P.S. Sahjanwa, District Gorakhpur, whereby the accused, who are four in number, have been acquitted from the charges under Sections 302 /34, 201 IPC.

2. Factual matrix of the case as worded in the present appeal are that the first informant Gulab S/o Suryabali-PW1 had submitted a written report before the Station House Officer, Police Station Sahjanwa, district Gorakhpur on 24.04.2011 with allegation that on 23.4.2011 his younger son Om Narayan after eating his meals and taking the bed cover and mattress had proceeded towards the roof of the house and thereafter, he received 2-3 calls on his mobile phone and he after receiving the mobile phone call came down from the roof and stepped out of the house. At that point of time, the family members who witnessed him going out asked him why he was proceeding from the house in question during the night then he assured that though he was going out from the house but he would returned back soon and despite the assurance so given to return back, he did not return back and at 5.30 a.m. on 24.04.2011, the dead body of deceased Om Narain was found in the eastern part of the pond in the village. After receiving the aforesaid information, the family members including the first informant proceeded towards the place whereat the dead body of Om Narain was found and they saw injuries being inflicted upon the body of the deceased and thus the family members took out the dead body from the pond. Prosecution further alleges that they proceeded to lodge an FIR against unknown persons, which was registered as case Crime No.163 of 2011, purported to be under section 302, 201 IPC.

3. One Pradeep Kumar Singh was nominated as Investigating Officer, he claims to have reached the place of occurrence and conducted the proceedings, which were to be adhered to, post lodging of first information report while preparing panchnama, sending the dead body for postmortem, preparation of site plan and recording of the statement, under sections 161 Cr.P.C.

4. It is come on record that the postmortem of the deceased was conducted on 24.04.2011 by Dr. J.K.Sinha who was posted in Community Health Centre, Sahjanwa, district Gorakhpur.

5. The Investigating Officer after conducting investigation, submitted the charge sheet against the accused herein under section 302/34, 201 IPC.

6. Case was committed to Session.

7. Charges were readover to the accused who are four in numbers, they pleaded innocence and claimed to be tried.

8. The trial court by virtue of judgment and order under challenge acquitted the accused.

9. Challenging the judgment and order of the acquittal now the State of U.P. is before this Court in the proceedings under section 378(3) of the Cr.P.C.

10. In support of prosecution case, PW-1-Gulab Kahar, PW-2-Shiv Narayan, PW-3 Meera Devi, PW-4-Jang Narayan, PW-5 Head Constable Rameshwar Prasad, PW-6 Sub Inspector Pradeep Kumar Singh, PW-7 Dr. J.K.Sinha, PW-8-Vindhyachal, PW-9, Ram Milan Singh and PW-10, Suraj Singh were produced got themselves examined before the Court below.

11. Besides occular testimony the prosecution also produced documentary evidence in order to bring home the charges which is being discussed little later.

12. This Court indeed is oblivious of the fact that th