STATE OF U P Vs. RAM PRASAD

JUDGEMENT

(1.) THE present government appeal is directed against the Judgment of acquittal dated 14.1.1986 passed in Sessions Trial No. 269 of 1985 by the learned Sessions Judge, Rampur by which he acquitted solitary accused of the charge under Section 302 I.P.C. This Court had also dismissed the appeal against acquittal by an order dated 25.10. 1990 which order was challenged before the Supreme Court in Criminal Appeal No. 68 of 1996 and the matter was remanded back for reconsideration by this Court by Judgment of the Supreme Court dated 18.1.1996. This is how we have heard this appeal and are disposing of the same by the present Judgment.

(2.) IT is not disputed that the deceased Paniya was married to the solitary accused Ram Prasad and on the date of occurrence, i.e., 29.9.1985 she was residing with the respondent in his house. It is also not disputed that her dead body was found lying

(3.) THE prosecution allegation was that the solitary accused Ram Prasad was doubting chastity of his wife and used to pick up quarrel with the deceased for that reason very off and on. It appears that in the chain of such quarrels, he overpowered the deceased, while she was lying in the cot, sat on her chest and while the deceased was attempting to wriggle herself out of the clutches of the accused and also the mother of the accused was also attempting to pull the accused out, He succeeded in strangulating the deceased. Some of the neighbors were attracted after picking up the cries of the deceased as also those of the mother of the accused and one such onlooker, i.e., Shyam Lal lodged the written report on the basis of which Kisraul police station case no. 106 dated 29.9.1985 was drawn up.