LAWS(ALL)-2009-9-60

SANJAY Vs. STATE OF U P

Decided On September 01, 2009
SANJAY Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Heard Sri Indra Mani Tripathi, Advocate, appearing for the applicant and AGA for the State.

(2.) The allegations made in the FIR lodged on 05.10.2006 by Arun, son of Ram Naresh Giri at P.S. Pilkhuwa, district Ghaziabad at Case Crime No. 254 of 2006, under Section 302 and 506, IPC, in brief, are that the accused Sanjay had borrowed Rs.2,500 from Mithilesh, mother of the complainant and when she demanded that money on 4.10.2006, he became angry. It is also alleged that on next day, i.e. 5.10.2006 at about 4.00 p.m., Sanjay and his father Om Prakash set Smt. Mithlesh on fire due to which she died.

(3.) The main submission made by learned Counsel for the applicant is that motive as alleged in the FIR is very weak and for the sake of Rs. 2,500 only, no person would commit the murder of innocent lady.