STATE OF U.P. Vs. KATHULE

JUDGEMENT

(1.) This Government Appeal under Section 378 Cr.P.C. has been filed by the State of U.P. against accused-respondent, Kathule, s/o Ramdin Doimar, r/o village Jigni, P.S. Majhgawan, District Hamirpur at present village Bhagwanpur, Police Station Garotha, District Jhansi, against the impugned judgment and order dated 11.01.1985, passed by the then Sessions Judge, Jhansi, in Sessions Trial No.135 of 1983, whereby he has acquitted the sole accused respondent Kathule u/s 302 IPC, who was charged for the murders of Laxman and his wife, Smt. Mula, in Case Crime No.33 of 1983, P.S. Garotha, District Jhansi.

(2.) State of U.P. has challenged the aforesaid impugned judgment and order dated 11.1.1985 on the ground that it is contrary to the weight of evidence on record; that learned trial court has not taken into account extra-judicial confession of the deceased which is sufficient to prove the guilt against the respondent; that the trial court has not weighed and assessed the prosecution evidence correctly; that the judgment is against the law and facts of the case. The prayer has been made to allow the appeal and to set aside the order of acquittal of the accused and convict and sentence him, according to law.

(3.) According to prosecution story, Laxman and Smt. Mula are the two deceased of this case. They were husband and wife interse. First informant, Kalkain, was the brother of Laxman, but he lived, separately. There was a partition wall in between the houses of Laxman and Kalkain. There were no issue from the marriagd of Laxman and Smt. Mula, but they were the owners of agricultural land, measuring 20-25 bighas.