REKHA Vs. STATE OF U.P.

JUDGEMENT

(1.) Applicants-Accused are aggrieved against the order dtd. 14/9/2007 passed by Additional Sessions Judge, Court No. 1, Lakhimpur Kheri in Sessions Trial No. 659 of 2004; titled State vs. Ram Narain alias Sukhdeo and others, arising out of Case Crime No. C-3 of 2001, under Ss. 147, 302, 406 IPC, Police Station Gola, District Lakhimpur Kheri, whereby the trial court has summoned them as an additional accused by exercising jurisdiction under Sec. 319 Code of Criminal Procedure.

(2.) Briefly the facts of the case are that on the basis of a complaint by Kanshi Ram (PW-1), the above noticed Case Crime No. C-3 of 2001 was registered pursuant to the order passed by the Magistrate under Sec. 156(3) Code of Criminal Procedure, and as per allegations by complainant, his son Shyam Prakash left the house on 12/7/2000 to visit his brother-in-law Rambilas Mishra. The complainant's son was wearing three gold rings, a chain, and was also carrying cash of Rs.1,55,000.00 as well as a mobile phone. The complainant's son was residing with his second wife Rekha, who in order to grab his house at Lucknow was illegally occupying it. The complainant further alleged that the accused persons in connivance with each other administered poison to his son on 14/7/2000, which resulted in his death. Broadly on these allegations, the above FIR was registered for alleged commission of offences punishable under Ss. 302, 147 and 406 IPC against eight accused persons including the applicants namely Smt. Rekha, Anant Ram Awasthi, Smt. Ram Boli and Barkan.

(3.) Thereafter, the investigation in the case was conducted, and through the final report under Sec. 173(2) Cr.P.C., only five accused persons were sent to face trial, and during investigation, accused namely Virendra Kumar (son-in-law of Ram Narain Mishra) was also arraigned, whereas the applicants were declared innocent.