JUDGMENT

Thomas, J.-Leave granted.

2. A mother-in-law figured as the complainant in a case of culpable homicide of her daughter-in-law, but eventually she was transposed as one of the delinquent offenders of the said murder. The High Court has now stalled the case against her on the ground of her first complaint. This was unreconcilable to the brother of the deceased and hence he has come to this Court challenging the said order of the High Court.

3. Sugnia Devi is the unfortunate victim who was killed on the night of 27.6.1988. About 10 years prior to her death she was married to Ram Jatan Choudhary, one of the four sons of the first respondent Sita Devi. She remained childless. On the day which followed her death the first respondent Sita Devi lodged an FIR with Babu Barhi Police Station alleging that a few persons from outside had sneaked into the bedroom of Sugnia Devi and murdered her by strangulation. FIR No. 135 was registered on the basis of the said complaint and investigation was commenced thereafter.

4. During the progress of investigation the police formed an opinion that the murder of Sugnia Devi had taken place in a manner totally different from the version furnished by