STATE OF U P Vs. PUSHPA

JUDGEMENT

(1.) Heard Shri Prabhat Adhaulia, learned A.G.A. for the State and perused the record.

(2.) By means of instant application, the State has requested to grant leave to appeal under Section 378 (3) Cr.P.C. against impugned judgment and order dated 24.12.2018 passed by Additional District & Sessions Judge, Court No.2 Ambedkar Nagar in S.C./S.T. No. 38/2013 "State Vs. Smt. Pushpa and Salim" arising out of Case Crime No. 50/2013, under Sections 304 I.P.C. & Section 3(2)(V) of S.C./S.T. Act, Police Station Sammanpur, District Ambedkar Nagar, whereby the accused persons/respondents were acquitted from the charges under Section 304 I.P.C. & Section 3(2)(V) of S.C./S.T. Act.

(3.) The prosecution story as unfolds from the record of the Subordinate Court is that, on 21.05.2013 at 7:30 in the morning, a written report was submitted to the S.H.O., P.S. Sammanpur, District Ambedkar Nagar by one Matru son of Chotai alleging therein that, his younger brother Rambali was living separately in his house with his wife Smt. Pushpa (Accused) and Daughter Km. Pooja. He was habitual of drinking liquor. On 20.05.2013, one Ramkrishna of Bahorikpur, P.S. Bheeti, Ambedkar Nagar and other persons came to her house with regard to perform the ''Lagan Ceremony' of her daughter namely Km. Pooja. Her husband Rambali, after drinking liquor with accused Salim came to his house at about 7:00 pm in heavily drunken state and again went back for drinking liquor, after snatching some money from his wife Smt. Pushpa. When he walked out of his house Smt. Pushpa chased her with a rope in her hand. She returned at about 8:00 pm in the night and informed that she did not find him and he, as usual, will return on his own. The Ceremony of ''Lagan' ended at about 10:00 pm. in the night and there after Smt. Pushpa went with Ramkrishna, in search of her husband and found him in the field of one ''Firtu' and silently brought her husband to home. Today i.e. on 21.05.2013, he (informant) on hearing her cries, went to the house of Pushpa, and found the dead body of Rambali, which was lying on a cot. He also noticed a black mark on the neck of deceased. It is further alleged that wife of deceased Rambali (Pushpa) is a character less and quarrelsome lady and is also having an extra-marital affair with co-accused Salim. He is having every reason to believe that due to her affair with co-accused Salim, she while fighting with the deceased in the field of '' Firtu', strangulated Rambali by the rope she was carrying and concealed his death in the night.