JUDGMENT :

1. Heard Sri D.S. Mishra, learned counsel for the appellant. None present for the accused-respondents. This is a Government Appeal of the year 1985 listed time and again. We are ably assisted by Sri D.S. Mishra, learned counsel.

2. This appeal under Section 378 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.'), is preferred at the behest of the State of Uttar Pradesh, preferred against the judgment and order dated 19.04.1985 passed by learned Additional Sessions Judge, Court No.3, Saharanpur in Sessions Trial No. 69 of 1983 acquitting accused-respondents were tried for commission of offence under Sections 302/34 & 201 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC').

3. Brief facts as culled out from the record are that accused-respondents were alleged to have committed the murder of Savita Devi wife of Vijai Kumar on 26.11.1978, sometime in the morning in their own house. Smt. Savita Devi was married to Vijai Kumar in March 1976 and her father gave dowry best to his capacity but Vijai Kumar and his family members were not satisfied and exercised undue pressure on Savita Devi even to the extent of assaulting her to bring more and more money from her father. Several letters were also written by Vijai Kumar to Jaipal Singh, father of Savita Devi. On 15.11.1978 Savita Devi came to her father's home and requested him to pay a sum of Rs.5000/- for buying motorcycle for her husband and informed that in case of failure to comply with the demand her life would be in danger. Jaipal could not understand the gravity of the situation and sent her back to her matrimonial home, however, the incident occurred immediately thereafter. The accused were arrested and were sent for trial to the Sessions Court as the cases were exclusively triable by the Court of Sessions.

4. As per the office report and C.J.M's report, Vijay Kumar and Smt. Heera Devi have passed away on 07.03.2012 and 30.10.2008 respectively. Dayaram and Sitaram are alive as per the office report.

5. It is submitted by learned counsel for the State that this appeal by the State is challenging mainly acquittal of Vijai Kumar and accused Heera Devi which have been proved by the letters produced at Exhibit 1 to 5 before the trial court. The circumstantial evidence is clear and that the chain is complete. The guilt of the accused persons is proved, just because there is delay in lodging the F.I.R, the benefit of doubt was granted. It is further submitted that it cannot be said that the prosecution case should be discarded on this ground. It is further submitted that since 17.11.1978, when the deceased met her father there was demand of dowry and therefore there was a motive of committing the murder of Savita Devi. It is further submitted that father of deceased never received any message regarding she being ill.

6. The F.I.R culminated into charge-sheet and accused were committed to Sessions.

7. On being summoned, the accused-person pleaded not guilty and wanted to be tried. The offence for which accused was charged was triable by the Court of Sessions, hence, the accused-respondents were committed to the Court of Sessions. The learned Sessions Judge framed charge for commission of offence of murder punishable under Section 302 of the Indian Penal Code (IPC).

8. The Trial started and the prosecution examined 9 witnesses enumerated as below :

9. In support of ocular version following documents were filed :