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Court No. - 42

Case :- CRIMINAL APPEAL U/S 372 CR.P.C. No. - 1274 of

2022

Appellant :- Indrapal Singh Yadav

Respondent :- State Of U.P. And 6 Others

Counsel for Appellant :- Sunil Kumar Yadav

Counsel for Respondent :- G.A.

Hon'ble Vivek Kumar Birla,J.

Hon'ble Rahul Chaturvedi,J.

1.

Heard Sunil Kumar Yadav, learned counsel for the

appellant and Sri Ratan Singh, learned AGA appearing for the

State of UP and perused the record.

2.

This is an appeal u/s 372 of the Code of Criminal

Procedure (Cr.P.C.) assailing the legality and validity of the

judgement and order dated 20.7.2022 whereby the Additional

District & Sessions Judge, Court No. 6/Special Judge (D.A.A.),

Firozabad while deciding the Special Sessions Trial No. 281 of

2015 (State vs. Fobin and others) (arising out of Case Crime

No. 877 of 2014, under Section 396 IPC, PS Sikohabad, District

Firozabad) has acquitted the accused persons from the charges

under Section 396 IPC.

3.

Before coming to the merit of the case, it is imperative to

give a bare skeleton facts, which has given rise to the present

appeal.

PROSECUTION STORY :

4.

The prosecution story in nutshell is that the informant

Indrapal Singh lodged a first information report mentioning

therein that during the intervening night of 21/22.10.2014

around 12:45 pm the informant was present in his house and

he along with his brother Anand Pal, bhabi (sister-in-law) Smt.

Urmila Devi and his nephew Vikas was sleeping in the

courtyard. All of a sudden there was a sound of screaming, he

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woke up and saw that Jugesh Yadav, Yogendra Yadav,

Devendra, Raispal, Rahul, all are residents of Nagla Turki, PS

Jasrana and Ram Autar, PS Madhipur and two unknown persons

armed with iron rod and iron pipe mercilessly assaulted upon

Anandpal, bhabhi Urmila Devi and his nephew Vikas. Thereafter,

the informant raised an alarm and all the assailants fled away

from the spot. The informant identified the assailants in the

light of inverter and the injured referred to Trauma Centre,

Firozabad whereby en-route Anandpal took his last breath and

died accordingly. A case Crime No. 877 of 2014 was registered

under Sections 147, 452, 307, 302 IPC and the Investigating

Officer after investigation submitted the charge-sheet under

Section 396 IPC against Yusuf @ Kaliya @ Razi @ Yunus, Taukir

@ Chairman, Munish, Deni, Sherakhan @ Nazim, Sajid @ Bittu,

Jogesh Yadav, Yogendra, Devendra, Raispal, Rahul and Ram

Autar, completely new set of accused persons, dropping the

named persons, mentioned in the FIR.

5.

It is contended by learned counsel for the appellant that

in order to establish the prosecution case, PW-1 Indrapal Singh,

PW-2 Dinesh Kumar Verma, PW-3 CP Omveer Singh, PW-4 Dr.

Naseem Ahmad, PW-5 Prakash Chandra Yadav, PW-6 SI Pramod

Kumar were examined and certain document were exhibited

before the court concerned. In addition to this, the prosecution

produced certain documents, which were exhibited during the

trial as under:

(i) Tehrir as Ext. Ka-1, (ii) Panchayat Nama Ext. Ka-2 (iii)

Panchayat Nama (re-attested) Ext. Ka-2 (iv) Letter RI Ext. Ka-3

(v) Letter CMO Ext. Ka-4 (v) Photo Ext. Ka-5 (vi) Chalan Ext.

Ka-6 (vii) Chik first information report Ext. Ka-7 (viii) GD Ext.

Ka-8 (ix) Post-mortem report Ext. Ka-9 (x) Charge-sheet Ext.

Ka-10 (xi) Site plan Ext. Ka-11 (xii) mud with blood stained

Ext. Ka-12.

6.

Sri Sunil Kumar Yadav, learned counsel for the appellant

has contended that the Investigating Officer has completely

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dropped the name of the accused persons and has substituted

by new set of accused persons in the charge-sheet and

converting the section, the charge-sheet was submitted under

Section 396 IPC against the newly inserted accused persons.

7.

Being a cognizable offence and after completing the

necessary procedural formalities, the matter was remitted to

the court of sessions for trial and accordingly on 25.2.2016 t