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