PHOOLA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri A.B.L. Gour, learned Senior Counsel assisted by Sri Ankit Agarwal for revisionists and learned A.G.A.

(2.) THIS criminal revision is preferred against the order dated 13.2.2015 passed by Addl. Sessions Judge, Court no.14, Bulandshahar in Sessions Trial no. 818 of 2013 (arising out of Case Crime No.192 of 2013), summoning the revisionist under Section 319 Cr.P.C. for offence under Section 306 IPC.

(3.) THE Court has perused the impugned order and finds that PW -2/ the daughter of the deceased in her evidence stated that on the intervening night of 4/5.4.2013 while she was sleeping with her mother, her father Prem Singh came to forcibly wake up her mother; hurled abuses at her mother, as a result of which she (PW -2) woke up, desisted her father from doing so, thereafter Prem Singh, Gulab Singh Rana (Revisionist no.2), Phoola Devi (Reviionist no.1) and Ramvir took her mother away. She further stated that her father used to beat her mother and had been doing so for the last 4/5 years and was apprehensive of her mother's life at the hands of her father. She also stated that she prevented her mother from going with the accused persons, but to no avail. The body of the mother was seen in a hanging condition in a grove at 11:00 A.M on 6.4.13.