MATA PRASAD MISHRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard, Sri Rudra Pratap Lal,learned counsel for the appellant and learned AGA.

(2.) The instant Criminal Appeal under Sec. 374(2) of Criminal Procedure Code (hereinafter referred as Cr.P.C.) has been filed against the judgment and order dtd. 27/9/2013 passed in Session Trial No.19/2012; State versus Mata Prasad Mishra by the Special Judge, (E.C.) Act, Gonda arising out of Case Crime No.390/2011, under Sec. 302 of Indian Penal Code (hereinafter referred as I.P.C.), Police Station Dhanepur, District Gonda.

(3.) The prosecution case is that the sister of the complainant Raj Kumar Pandey, Shail Kumari was married about 25 years ago with Mata Prasad Mishra. His brother-in-law Mata Prasad Mishra always used to beat his sister but she did not speak anything. His sister has five children, two daughters and three sons. His brother-in-law always used to take ganja and never took responsibility of house and children. On 4/9/2011, his brother-in-law demanded money from his sister for ganja but she declined, on account of which there was quarrel between them and in the evening on that day, the food was not prepared. In the night of 4/5/9/11, while his sister was sleeping on cot alone and her children Jitendra, Shiv Nandini and Manoj were also sleeping near her, seeing the opportunity, his brother-in-law killed his sister by pressing her mouth. The complainant was out and when he came back then he came to know about it and, accordingly, the F.I.R. was lodged by him on 8/9/2011.