STATE OF U.P. Vs. IRFAN

JUDGEMENT

(1.) This Government Appeal has been filed with application for leave to file appeal under sec. 378(3) Cr.P.C. against the impugned judgement and order dtd. 30/7/2018 passed by Additional Sessions Judge, Court No.-7, Saharanpur in Sessions Trial No. 294 of 2015 (State Vs. Irfan), arising out of Case Crime No. 243 of 2014, under sec. 306 I.P.C., P.S. Gangoh, District Saharanpur acquitting accused-respondent from the charges under sec. 306 I.P.C.

(2.) The brief facts relating to the case are that Asif lodged a F.I.R. on 16/5/2014 at Case Crime No. 243 of 2014 stating therein that his sister Smt. Afroz was married to accused Irfan about 11-12 years back and was blessed with four children and they were living in a rented accommodation in the township of Gangoh; that there was some dispute between husband and wife since last two months as Irfan had developed illicit relationship with one Sazida due to which he used to commit marpeet with his sister and she left for her Mayaka in village Jahanpura, P.S. Kairana, District Shamli; that since last 15 days Smt. Afroz was living with Irfan along with her children following a mutual compromise and in the evening of 15/5/2014 again there arose some dispute and marpeet between the husband and wife following which Irfan and Sazida have somehow caused death of Smt. Afroz and after death in order to make the evidence of offence disappear, they took away her dead body to Irfan's native village Alampur; that some one from village Alampur informed first informant about the incident so he is lodging F.I.R. for necessary action against Irfan and Sazida.

(3.) Heard Shri L.D. Rajbhar, learned AGA for the State and perused the record.