State of U.P. vs Avadhesh Kumar Tiwari and Others

Heard Learned Counsel for the State.

This application u/s 378(3) Code of Criminal Procedure. has been moved by the State against judgment and order dated 15.02.2005 passed by Additional Sessions Judge, FTC No. 4, Gonda in Session Trial No. 443 of 1994 whereby Respondents have been acquitted of the charges levelled against them u/s 364, 412 & 201 Indian Penal Code.

We have gone through the judgment as well as record of the court below.

It comes out that a jeep was hired by Avashesh Kumar Tiwari (respondent No. 1) from Gonda to Lucknow. The son of the complainant, namely, Surendra Pal alias Babu brought the jeep from Gonda to Lucknow but thereafter neither the jeep nor whereabouts of Surendra Pal alias Babu were known, as such, FIR was lodged. The case of the prosecution is that the parts of jeep hired by Respondent No. 1 were recovered from the house of one Vinay Bhaskar Tiwari (respondent No. 2), who is father of respondnet No. 1. Thus the recovered parts of the jeep were connected with the jeep hired by Respondent No. 1 and apart from it there is confessional statement of Respondent No. 1 that he had committed murder of Surendra Pal alias Babu and had thrown his body into river. Even one Mohd. Nasim (PW-5) has deposed that the jeep was brought at his workshop situated at Mahanagar, Lucknow by respondnet No. 1 with request to change the colour of the jeep.

It is argued that this evidence is sufficient for bringing to book the accused persons for committing the said offense.

We while going through the judgment of the court below find force in the argument of Learned Counsel for the State.

Accordingly, the application for leave to appeal is allowed.