MANGU SINGH Vs. DHARMENDRA & ANR.

JUDGEMENT

(1.) Leave granted in SLP(Crl.) No.9148 of 2011.

(2.) These appeals have been directed against the judgment and order dated 06.08.2010 passed by the High Court of Judicature at Allahabad in Criminal Appeal No.1417 of 2006, wherein the accused/respondent was acquitted by the High Court against the Judgment of life imprisonment as awarded by the Trial Court. Criminal Appeal No.2230 of 2011 has been filed by the complainant/informant and the connected matter, i.e. Special leave Petition (Criminal) No.9148 of 2011 is filed by the State against the acquittal of the accused/respondent.

(3.) The brief facts necessary to dispose of these appeals are that The respondent/accused came on 18.11.2003 to Police Station, Simbhaoli, District Ghaziabad, and confessed vide a written report Ext. Ka 22, of having killed his wife and daughter. The accused's father in-law (PW1) was informed and subsequently inquest proceedings were conducted to which the PW1 is the formal witness. PW1 then lodged another FIR against his son-in- law for having committed the murder of his daughter through a gun-shot injury and also of his wife by throttling. Investigation was thrown into the offence and at the instance of the accused a country-made 12-bore pistol and empty shell Ext. A-6, were recovered on 19.11.2003. Since the occurrence was found to have taken place in territorial jurisdiction of Police Station, Babugarh, the senior officers sought to get the investigation conducted through Police Station, Babugarh after about one month since the FIR was lodged.