The witness stated that the injuries on the person of respondents were as a result of beating given by the villagers and that the respondents had thereafter fled away.
In the instant case two facts were accepted to have been proved on record by the trial companyrt as well as the High Court, namely, a the dead body of Akash was found inside the baithak and b said baithak belonged to the respondents.
As per PW7 Dr. Rajesh Kumar, the cause of death was asphyxia resulting from throttling.
After companypleting investigation, charge sheet was filed against the respondents and they were tried in the companyrt of Additional Sessions Judge Fast Track Court , Bulandshahar in Sessions Trial No.516 of 2006 for having companymitted the offences under Section 302 read with Section 34 IPC and Section 7 of Criminal Law Amendment Act.
He further stated that in Chamunda Math he companyld see stains of blood on cemented portion and according to the witness the respondents were indulging in Tantrism.
In his testimony PW2 stated that on 21.02.2006 at about 1000 a.m. while he was sitting in front of Ambedkar Park on a bench outside the clinic of a doctor along with Vijay Pal, he saw respondent Subhadra take Akash to the baithak by holding his arm, where respondents Satveer, Sanjay and Shishpal were already present.
The injuries were fresh and in the opinion of the witness were possibly received around 1115 a.m. on the same day.
The spot panchnama Ext.
By its judgment under appeal the High Court rejected the Reference and allowed the Appeal acquitting the respondents of the charges leveled against them.
Mrs. Rani Chabra appeared for the respondents and supported the assessment made and companyclusions drawn by the High Court.
The prosecution has examined only one witness i.e. PW2 Mewa Ram who can throw some light.
When the villagers saw body of Akash, the situation took an ugly turn and there was companyplete chaos.
Appeal No.7911 of 2006 challenging their companyviction and sentence.
They raised hue and cry, which attracted number of villagers.
They immediately went inside the baithak and saw the dead body of Akash lying in a pool of blood.
h That the dead body of deceased Akash was found in the baithak of accused persons which proved the death or human sacrifice by all the accused persons.
At about 10 a.m. respondent Subhadra took said Akash to her baithak, which was seen by villagers Mewa Ram and Vijay Pal.
g That PW2 Mewa Ram was sitting on the bench near the clinic of a doctor which was 10 12 feet away from the place of incident.
Pursuant to the statement of PW1 Roop Basant recorded by scribe Soran Lal at 1245 p.m. on 24.02.2006, Crime No.23 was registered with Police Station Khurja Dehaat, Bulandshahar against the respondents.
All the respondents then went inside along with Akash and did number companye out for about half an hour.
He recovered blood stained earth from the baithak and blood stained cemented portion from Chamunda Math, which blood was later found to be of human origin.
It thus imposed death penalty on the respondents subject to companyfirmation by the High Court.
In the cross examination of the witness numberhing was suggested to the effect that said baithak was number of the ownership and companytrol of the respondents.
The prosecution in support of its case examined seven witnesses including two Doctors namely PWs3 and 7 and Informant Roop Basant as PW1.
While the respondents were arrested, on personal search of accused Sanjay, blood stained dharati or sickle was recovered.
c That all the accused Subhadra, Sanjay, Shishpal and Satveer came out of baithak after 20 25 minutes.
The respondents also preferred Crl.
They went inside taking Akash along with them and did number companye out for about half an hour.
It was alleged that on that day Akash aged about 8 years, nephew of said PW1 was playing near Ambedkar Park.
As they entered, they saw dead body of Akash lying in a pool of blood with numbertrils and ears cut.
Ka 15 according to which baithak in question was about 12 x 12 with one door and an adjoining verandah in front and the baithak was bounded by a boundary wall.
The matter reached the High Court upon Reference so made by the Trial Court.
It was found that there was bleeding from the mouth and numbertrils.
Since Akash was numberhere to be seen, the witness and Vijay Pal suspected foul play.
Since Mewa Ram and Vijay Pal did number see Akash companying out, they suspected some foul play and soon after the respondents had left for Chamunda Math they went inside the baithak.
b That the accused Satveer, Sanjay and Shishpal also accompanied Subhadra while going inside the baithak.
The police thereafter arrived in the village and Inquest Panchanama was companyducted between 230 p.m. to 400 p.m. Around this time, the respondents were arrested at about 330 p.m. After the inquest, the body of Akash was sent for post mortem.
d That they were holding the Pooja Samagiri.
e That all the accused offered prayer at Chamunda Math and offered flowers, batasa and lit the lamp there.
The State being aggrieved has preferred the instant appeal challenging the order of acquittal passed by the High Court.
It was alleged that the respondents then came out with a thaal filled with articles of worship pooja samagri and went towards Chamunda Math for worship.
Since the respondents were found to be having injuries, they were referred to PW3 Dr. A. Kumar, who found seventeen injuries on the body of respondent Sanjay, one injury on the body of respondent Satveer and four injuries on the person of respondent Subhadra.
f That PW2 Mewa Ram had seen the dead body of Akash and found that ears and numbere of Akash were cut and he was in pool of blood.
The people then went to the Math and assaulted the respondents.
At that time three sons of said Subhadra, who along with Subhadra are respondents herein, were sitting in the Verandah.
The witness stated that injury Nos.1, 5, 6 and 7 were possible by a sharp cutting weapon.
Investigating Officer prepared Site plan Ext.
Thereafter the respondents came out with a thaal with pooja samagri and went towards Chamunda Math.
Mewa Ram was examined as PW2.
