JUDGMENT :

1. Heard Shri Ram Kumar Pal, learned counsel for the appellant and Shri Kailash Prakash Pathak, learned AGA representing the State and also perused the record.

2. Present criminal appeal has been filed challenging the judgement and order of acquittal dated 15.10.2018 passed by learned Additional Sessions Judge, Court No.2/Special Judge, SC/ST Act, Kanpur Nagar in Session Trial No.601 of 2003 (State vs. Kulveer Singh), arising out of Case Crime No.77/2000, under Sections 302, 201 I.P.C. and Section 3(2)(5) of SC/ST Act, P.S. Naubasta, District Kanpur Nagar by which the learned trial Judge has acquitted the accused-respondents Kulveer Singh and Vasudev from the charges of Sections 302, 201 I.P.C. and Section 3(2)(5) of SC/ST Act.

3. Before coming to the merits of the case, it is imperative to give brief facts of the case which have given rise to the present appeal.

PROSECUTION STORY :

4. Sum and substance of prosecution case mentioned in the F.I.R., which is based on conjectures, surmises and self-belief, that accused-respondents have committed this offence against the husband of the informant. Though from the F.I.R. it is clear that this is not a case of direct evidence but the deceased was missing since 07.01.2000 and his dead body was recovered on 22.01.2020 in a drain near Hamirpur Road Daskuwa. After getting this information, the informant reached to that place and identified the dead body. In the F.I.R. it has been mentioned that the informant has firm faith that the author of the offence are Kulveer, Kayamuddin and Vasudev are the real culprits. They used to snatch away the money from the deceased. It is also born out from the record that the deceased has taken Rs.5000/-as loan from the accused-respondents and they were insisting to repay that amount and on this score the present F.I.R. was lodged. The date and time of lodging of the F.I.R. is 25.01.2000 at 14.20 hours and it was registered as Case Crime No.77/2000, u/s 302/201 I.P.C. at Police Station Naubasta, Kanpur Nagar.

5. Inquest report was prepared on 22.01.2000. From the dead body, a pass-book of Punjab Sindh Bank and a spectacles were recovered. Thereafter the autopsy of the dead body was conducted on 23.01.2000 at around 01.30 P.M. by Dr. Satish Chandra, K.P.M. Hospital, who found three injuries over the deceased, viz, (i) bruise contusion with swelling over the left ear in front of the neck, (ii) bruise contusion in front of the neck and (iii) bruise contusion in front of the chest and just below the injury no.(ii). Brain was found congested and heart was empty. Doctor has opined that expected time of occurrence is about one week back from the said recovery, by strangulating the neck of the deceased.

6. After holding in-depth probe into the matter, whereby the police has recorded statements of as many as 10 witnesses, charge sheet has been submitted by the police on 27.07.2001 against accused Kulveer Singh, Vasudev and Kayum @ Kayamuddin u/s 302, 201 I.P.C. and Section 3(2)5 of SC/ST Act. Since all the offences are triable by the sessions, therefore, matter was committed to the session court for trial. Curiously enough the charges were also framed under the same sections against the accused-respondents.

7. In order to establish the case, prosecution has produced as many as 11 witnesses in the court for examination, namely; (i) Smt. Munni Devi, wife of the deceased and informant of the case as PW-1, (ii) Sachin Kumar as P.W.-2, (iii) Sushma as P.W.-3, (iv) Smt. Meena as P.W.-4, (v) Dr. Satish Chandra as P.W.-5, (vi) Head constable 143 Mauji Lal Mishra as P.W.-6, (vii) P.C. Mishra, Investigating Officer as P.W.-7, (viii) Shyamakant Tripathi, Investigating Officer as P.W.-8, (ix) B.N. Chaturvedi, Investigating Officer as P.W.-9, (x) Balvir Singh Chandel as P.W.-10 and (xi) H.C.1020 Mahavir Singh- P.W.-11.

8. In addition to this, prosecution has produced 10 documents which were exhibited during the trial as under :

(i) Tehrir as Ex. Ka-1, (ii) Letter sen