STATE OF U. P. Vs. VIJAI KUMAR

JUDGEMENT

(1.) Heard Sri D.S.Mishra, learned counsel for the appellant. None present for the accused-respondents. This is a Government Appeal of the year 1985 listed time and again. We are ably assisted by Sri D.S. Mishra, learned counsel.

(2.) This appeal under Sec. 378 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.'), is preferred at the behest of the State of Uttar Pradesh, preferred against the judgment and order dtd. 19/4/1985 passed by learned Additional Sessions Judge, Court No.3, Saharanpur in Sessions Trial No. 69 of 1983 acquitting accused- respondents were tried for commission of offence under Ss. 302/34 and 201 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC').

(3.) Brief facts as culled out from the record are that accused- respondents were alleged to have committed the murder of Savita Devi wife of Vijai Kumar on 26/11/1978, sometime in the morning in their own house. Smt. Savita Devi was married to Vijai Kumar in March 1976 and her father gave dowry best to his capacity but Vijai Kumar and his family members were not satisfied and exercised undue pressure on Savita Devi even to the extent of assaulting her to bring more and more money from her father. Several letters were also written by Vijai Kumar to Jaipal Singh, father of Savita Devi. On 15/11/1978 Savita Devi came to her father's home and requested him to pay a sum of Rs.5000.00 for buying motorcycle for her husband and informed that in case of failure to comply with the demand her life would be in danger. Jaipal could not understand the gravity of the situation and sent her back to her matrimonial home, however, the incident occurred immediately thereafter. The accused were arrested and were sent for trial to the Sessions Court as the cases were exclusively triable by the Court of Sessions.