Court No. - 42

Case :- GOVERNMENT APPEAL No. - 33 of 2020

Appellant :- State of U.P.

Respondent :- Rakesh Pal And 4 Others

Counsel for Appellant :- G.A.

Hon'ble Vivek Kumar Birla,J.

Hon'ble Rahul Chaturvedi,J.

Re: Criminal Misc. Application (Leave to Appeal)

1. Heard learned AGA appearing for the appellant-State of UP and perused

the record.

2. Present government appeal has been preferred against the judgement

and order dated 11.10.2019 passed by learned Sessions Judge, Rampur in

Session Trial No. 105 of 2013 arising out of case crime no. 592 of 2012,,

under Sections, 147, 120B, 302/149 and 201 IPC, P.S. Milak, District

Rampur.

3. Prosecution story, in nutshell is that the informant Jagdish Pal Singh,

has given a written report at P.S. Milak, District Rampur stating therein

that Mahendra Pal was married with Suresh Pal's daughter Neha.

Mahendra is working in a factory situated at Rudrapur. Neha is a short

tempered lady and on the occasion of Holi festival she went to her parental

house. She has also taken her ornaments amounting to Rs. 2 lacs and Rs.

40,000/- cash. When Mahendra asked Neha to come to her marital place

she refused to come. On the last occasion when Mahendra called Neha,

she went to her uncle's place (Phupha) Rakesh Pal. On Thursday Neha

called Mahendra to come to her uncle's place. In this regard, Mahendra

informed her sister by phone call and his sister warned him not to go

alone. When, Mahendra went to Milak at Rakesh Pal's place but he did no

return back then his family members got worried about the whereabouts of

Mahendra. Meanwhile Rakesh Pal along with another person came to the

house of the complainant and disclosed that after quarreling with Neha,

Mahendra went to some unknown place. On this, the brother of Mahendra

went to search him. In this search, Jitendra came to know that Mahendra

had seen along with four persons near railway crossing of Mehndinagar.

When complainant to Milak and reached the house of Rakesh and asked

about his son, then they replied that "What has been happned you would

have been informed in the morning". On 19.04.2012 received an

information that a dead body was lying near railway crossing at

Mehndinagar, then complainant and his family members reached there and

identified the dead body as Mahendra. The complainant suspects that

Mahendra was murdered by Neha and her uncle Rakesh Pal, father

Collecter Singh, brother Hari Shankar and her mother.

On the basis of the written report, FIR was registered as case crime no.

592 of 2012 under Sections 147, 302, 201 IPC on 19.04.2012 at 18.30 hrs.

against the accused respondents and the Investigating Officer has started

investigation and submitted charge sheet against the accused persons.

4. In support of prosecution case, PW-1 Jagdish Pal, PW-2 Jitendra

Kumar, PW-3 Tilakram, PW-4 Viccky Srivastava, PW-5 Santosh Kumar,

PW-6 Dr. Mohd. Usman, PW-7 S.I. Ashok Kumar Vishwarkarma, PW-8

S.I. Vikram Singh, PW-9 Vipin Kumar, PW-10 SI Tafseel Ahmad, PW-11

Inspector Shakti Singh and PW-12 Inspector(Retd.) Sunil Kumar Pachauri

were produced and examined before the Court below.

5. The judgement of acquittal was passed by the court below on the

ground that there was no proof and the prosecution has completely failed

to prove the prosecution case. In the present case, motive of the accused

respondents behind the crime is very important. In the testimony of PW-1

Jagdish Pal has not uttered a single word regarding the motive against the

accused respondents for murder of his son Mahendra. PW-2 Jitendra

Kumar in his examination-in-chief has supported the prosecution version

and stated that Neha is his sister-in-law(Bhabhi) and she was having an

illicit relationship with Rakesh Pal her uncle and on account of this,

accused respondents was having enmity with Mahendra. PW-3 Tilak Ram

in his testimony had stated that he had seen deceased Mahendra and his

wife Neha and uncle Rakeh together day before the inci