STATE OF U.P. Vs. VEERPAL

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 30.05.2020 passed by the Division Bench of the High Court of Judicature at Allahabad in Criminal Appeal No. 4658 of 2015 by which the High Court has allowed the said appeal preferred by the respondents herein - original accused and has acquitted the accused for the offences under Section 302 read with Section 34 of the IPC, the State has preferred the present appeal.

(2.) The facts leading to the present appeal in nutshell are as under:­

(3.) Feeling aggrieved and dissatisfied with the judgment and order of conviction and sentence imposed by the Trial Court, the accused preferred the appeal before the High Court being Criminal Appeal No.4658/2015. By the impugned judgment and order, the High Court has acquitted the accused mainly on the ground that there were two dying declarations, one recorded on 20.12.2011 and another recorded on 22.12.2011 and there was a gap of two days between the two dying declarations. The High Court instead of relying on the dying declaration recorded by SDM/Deputy Commissioner of Agra and by disbelieving both the dying declarations has acquitted the accused by observing that according to the deceased when she was forced to give the money and when she refused, the accused tried to assault and she ran away and under the pressure she might have poured the kerosene on her.