Point of Law: In a criminal case, it was for the prosecution to prove the involvement of an accused beyond all reasonable doubt. It was not a case where both, husband and wife, were seen together inside a room but the prosecution itself has brought out evidences to the effect that the children who had been witnessing television were asked to go out by the deceased and then she bolted the room from inside. As they saw smoke coming out from the room, they rushed towards the same and broke open the door. Section 106 of the Evidence Act, to which reference was made by the High Court in the aforementioned situation, cannot be said to have any application whatsoever

JUDGMENT :

RAMESH SINHA, J.

1. The above two criminal appeals have been preferred against the judgment and order dated 4.9.2012 passed by Additional District and Sessions Judge, Court No. 7, Moradabad in S.T. No. 1094 of 2008 convicting and sentencing the appellants Satish Kumar Verma and Rinki Verma @ Poonam Verma under section 302/34 I.P.C. for imprisonment of life and fine of Rs. 10,000/- and in default of payment of fine one year further R.I.

2. As the above mentioned two criminal appeals have been preferred against the same judgment and order, hence the same are heard and decided together by this common judgment.

3. The prosecution case as emerges out from the F.I.R. is that a written report was given by one Girish Verma (hereinafter referred to as ‘the informant’) to the concerned police station alleging that his sister, namely, Smt. Manju Verma (hereinafter referred as ‘the deceased’) was married to appellant Satish Kumar Verma resident of Parsadi Lal Road Chowk, Tadi Khana, police station Civil Line, District Moradabad and from their wedlock two sons an d one daughter were born. One Rinki Verma wife of Sanjay @ Banti resident of Buddhi Vihar, police station Majhola, district Moradabad started visiting his sister's house and gradually illicit relationship was developed between the husband of the deceased, namely, Satish Verma and Rinki Verma. When, his sister objected to the said relationship, his sister's husband had consoled his sister that there is no illicit relationship between them and she was engaged for making silver neckless and, therefore, she may be allowed to stay at their residence. His sister being an innocent lady believed her husband and kept quiet but their illicit relationship did not stop, hence his sister had told about the said illicit relationship of her husband and Rinki Verma to her family members on which her family members made a complaint to the police officials and on interrogation being made about the said fact from Satish Kumar Verma and Rinki Verma both of them denied the illicit relationship and Satish Kumar Verma admitted that from now Rinki would not come to his house nor he would go to her house. After 15 days of the said compromise, Satish Verma disappeared along with Rinki Verma and after two months it was disclosed that both of them were illegally living as husband and wife at Amroha. On pressure being made on the family members of Rinki Verma, the brother of Rinki Verma brought them back at Moradabad. Satish again promised to live with his wife-the deceased. Thereafter Satish kept a condition before his sister whether she wants to live with him or with her family members on which his sister got ready to live with her husband, hence his sister's husband kept informant's sister and Rinki Verma together at the house situated at Line Par where Rinki Verma used to take all household work from his sister and treat her like a servant and also used to torture her. Four days prior to the incident, Satish Verma at the behest of his sister had left his sister and her children at the house situated at Tadi Khana and after three days when her husband did not come then on 3.5.2008 his sister had gone to the house of Rinki Verma situated at Line Par to call Satish Verma. In the night at 10:30 p.m., Satish Verma and Rinki Verma both came to the house of his sister situated at Tadi Khana and assaulted her. An information about the said fact was received by the informant, hence on 4.5.2008 at 6 a.m. in the morning the informant along with Suraj Gupta resident of Buddhi Vihar, police station Majhola and Chandra Prakash Varshney resident of Jayantipur police station Majhola went to the house of his sister and when he reached there, he met Satish Verma and Rinki Verma at the door and when he asked about his sister then they told him that he can go upstairs to meet his sister and when the informant along with his companions went upstairs, then he saw his sister Manju Verma lying on the double bed and after