Hon’ble Jitendra Kumar Sinha,J.
Re: Criminal Misc. Application (Leave to Appeal).
1. Heard Sri Rahul Asthana, 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 28.10.2021, passed by the Additional District and Sessions Judge (Fast Track), Court No.01, Aligarh in Sessions Trial No. 960 of 2007 (State of U.P. Vs. Kamal Singh and others), arising out of Case Crime No. 176 of 2002, under Sections 147, 452, 323/149, 344, 506ii, 376, 304/149 and 201 IPC, PS- Pali Mukeempur, District- Aligarh.
3. Prosecution story, in brief, is that the complainant namely Ramkhildi send the written complaint Exhibit A-1 to the Senior Superintendent of Police, Aligarh on 06-04-2002, stating therein that the incident took place on 07-02-2002 at about 4 o’clock when Naubat Singh, Kamal Singh, Bhura, Kanhi, Gangaram, Bhuri Singh, came together with pistols, sticks and guns in their hands and forcibly dragged his mother Premvati wife of Kehri Singh and his wife (victim) and her child from the shed and took them to their village Nagla Desi, when he resisted, the above mentioned accused persons beat him due to which he sustained severe injuries and if his father Kehri Singh and Mahavir Singh had not saved him, these people would have killed him. Informant?s mother Premvati was also beaten with kicks and punches and his child was strangulation to death by Srinivas, Ramnaresh and Balveer resident of Katka and Bhagwan Sahay, Pappu and the said persons raped his wife. On the above mentioned complaint of the complainant, under the orders of the Senior Superintendent of Police, a first information report was registered on 25-04-2002 at about 18.20 p.m., in Police Station Pali Muqimpur, District Aligarh, against the accused persons namely, Nauwat, Kamal Singh, Bhura, Kanhi, Ganga Ram, Bhuri Singh, Srinivas, Ramnaresh, Balveer, Bhagwan Sahay and Pappu, under Sections 364, 323, 376, 506 of the IPC. After investigation by the investigating officer, charge sheet no. 98 and 98A/2002 (Exhibit Ka-7 and Exhibit Ka-8) were submitted against the accused persons.