JUDGMENT

Dr. ARIJIT PASAYAT, J.—

1.The order of acquittal passed by a Division Bench of the Allahabad High Court is the subject matter of challenge in this appeal. Before the High Court the respondent had challenged the correctness of the judgment and order dated 24.5.1980 passed by the then IX Additional Sessions Judge, Kanpur, convicting him for an offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the ‘IPC’) and sentencing him for imprisonment for life.

2.Prosecution version in a nutshell is as follows :

3.The deceased in this case was Mohammed Anwar. He was in love with the younger sister of the accused Mushtaq Alam and both of them wanted to marry each other, which move was being opposed by the accused and his family members. On this issue the accused even harassed and used to beat her sister, consequently she committed suicide. Accused Mushtaq Alam became inimical to the deceased as he thought that it was on account of him that his sister ended her life.

4.On 18.8.1979 at about 11.00 p.m. the deceased was coming back home from Halim College crossing alongwith Shakir (PW-1). When they were in front of Jay Bharat Washing Company, accused-appellant appear