JUDGMENT :

Pinaki Chandra Ghose, J.

Present appeals have been directed against the judgment dated 23rd May, 2008 passed by the High Court of Judicature at Allahabad in Criminal Appeal No.2968 of 2007 with Criminal (Jail) Appeal No.2757 of 2007 and Capital Reference No.12 of 2007, whereby judgment and order dated 04.04.2007 passed by the learned Additional Sessions Judge, Etawah in Sessions Trial No.424 of 2000 was set aside and the accused-respondent was acquitted of the offence punishable under Section 302 read with Section 34 of the Indian Penal Code. Capital Sentence Reference for confirmation of the death sentence was consequently rejected.

1. Brief facts necessary for adjudication of the present case are as follows: One Kumari Rekha Sengar (PW-2), who is the complainant in the present case, got a phone call from her mother Smt. Shashi Prabha (now deceased) at about 11.00 to 11.30 pm on 02.09.2000 narrating that complainant’s brother-in-law (Jeeja), namely, Suresh Pal Singh @ Guddu along with his friend had come to their house in Etawah, Uttar Pradesh, demanding Rs.50,000/-from her father and on refusal to meet the demand, they became very angry. The complainant herself had a ta