RAM SHREE Vs. STATE OF U. P.

JUDGEMENT

(1.) This is an appeal filed by Smt. Ram Shree who is complaining against the acquittal order dtd. 3/12/2010 passed by the learned Additional Sessions Judge, Court No. 6, Pilibhit in Sessions Trial No. 588 of 2009 arising out of Case Crime No. 675 of 2009 (State Vs. Bhai Lal), under Sec. 302 read with Ss. 34 and 201 I.P.C., Police Station Bilsanda, District Pilibhit.

(2.) The factual matrix of the case is that accused Bhai Lal had given an application to Police Station Bilsanda on 25/6/2009 mentioning therein that he had married his daughter Sunita with Bharat Lal. She had one child from that wedlock and she died. Thereafter, he married his second daughter, namely, Surja Devi with Bharat Lal. Bhai Lal had asked him to send Surja Devi to his house 7-8 days prior from the date of occurrence of the incident but Surja Devi denied to go there. Bharat Lal had left the house and he consumed poison due to which he died in Gauhaniya and his dead body was found hanging from a pakad tree. The local police reached the spot and the dead body was taken into custody. Panchayatnama was done and the body was sent for post mortem. After post mortem Case Crime No. 675 of 2009 under Sec. 302 I.P.C. was lodged on 27/6/2009 and the investigation started. The mother of the deceased Bharat Lal filed an application on 27/6/2009, addressed to Police Station, Bilsanda, wherein she had mentioned that her son was married in Village Navdiya Marauri, with the daughter of Bhai Lal. She had four year old child and her daughter Sunita died prior to three years after her death. The younger sister of Sunita was married to Bharat Lal. Surja Devi was studying in Class -VII. She used to come to the house of Smt. Ram Shree. Surja Devi had gone to the house of her father prior to 10 days. Bharat Lal had gone to take her on Wednesday 24/6/2009. The body of Bharat Lal was found in village Firsa Pastaur at road side on 25/6/2009. She went to the place of occurrence. The panchayatnama was conducted. She suspected that Bhai Lal and Surja Devi together killed her son. She had further stated that Bharat Lal had no good relation with Surja Devi. Surja Devi usually would live in her village. After investigation, charge sheet was filed against Bhai Lal and Surja Devi under Ss. 302 and 201 I.P.C.

(3.) The Court summoned the accused. The charges were framed for the offences under Sec. 302 read with Sec. 34 and Sec. 201 I.P.C. The accused denied the charges. The prosecution side led the evidences of P.W. -1 Ram Shree, P.W. -2 HCP Siyaram Rathaur, P.W. - 3 Phoolchandra, P.W. - 4 Smt. Reshma Devi, P.W. -5 Shankar Lal, P.W. - 6 S.I. Bhoopal Singh and P.W. -7 Dr. S.P. Singh.