STATE OF U P Vs. HARENDRA

JUDGEMENT

(1.) THIS Government appeal is directed against the Judgment of acquittal by Sri B. K. Rathi, Illrd Addl. Sessions Judge, Muzaffar nagar dated 31.7.1979 acquitting Harendra, Smt. Bala and Braham Pal accused persons of the charges under Sections 302/201, 302/34 and 302/114, I.P.C.

(2.) THE prosecution case was investigated by the police on the basis of the F.I.R. dated 9.6.1977 lodged by Veer Sen, informant. Smt. Anarkali, the victim, was the widow of Yash Pal, who was the real uncle of Veer Sen, complainant. Accused Braham Pal is the real brother of the deceased victim. Smt. Anarkali. Braham Pal is reported to be dead during the pendency of the appeal, which fact was verified after enquiry by the Chief Judicial Magistrate, Muzaffar nagar. Since Braham Pal is reported to be dead, the appeal against him has already been abated by the order of this Court. Braham Pal lived with his sister Smt. Anarkali and was looking after her property since after the death of her husband. Accused Smt. Bala is the wife of Braham Pal and accused Harendra is the nephew of Braham Pal. THEy all lived in the house of Smt. Anarkali. THE relations between Braham Pal and Smt. Anarkali had become strained before the incident on account of illicit relations, which had developed between Harendra and Smt. Bala. THE deceased Smt. Anarkali had objection to such illicit relations continuing.

(3.) WHEN Harendra and Sher Din had reached the door of Smt. Anarkali, Veer Sen, informant and his brother Hart Ratan were returning at about 3 a.m. after irrigating their field. Veer Sen had asked Sher Din as to why he had come to the house of Smt. Anarkali at that hour and Sher Din had replied that he had come with an urgent work. Harendra also had given similar reply. Veer Sen and Hari Ratan left for their house and Sher Din also went to his house.