JUDGMENT :

Syed Waiz Mian, J.

1. By means of this Government Appeal, on behalf of the State, challenge has been made to the validity and legality of judgment and order of acquittal dated 11.11.2020, having been passed by the learned Additional Sessions Judge, Fast Track Court, Bareilly, in connection with Session trial No. 275 of 2017, State vs. Nanhe Lal and another, arising out of Case Crime No.89 of 2017, under Sections-302, 376, 394 and 411 I.P.C., Police Station-Bhamora, District-Bareilly.

2. Heard Shri Vikas Goswami learned A.G.A. and perused the record.

3. Brief facts emerge from the the First Information Report are that the complainant presented a written complaint at the concerned police Station, stating therein that he had solemnized marriage of his daughter with one Morpal and thereafter, on the occasion of festival of Holi she was present at her parental house on 15.03.2017; she went to the house of accused respondent to watch television but she did not return till the evening; search was made but she could not be traced out; on 16.03.2017, at about 7 a.m. dead body of daughter of informant was found in a wheat field near river.

4. On presentation of the application of complainant/informant a criminal case being Case Crime No.89 of 2017, under Sections-302, 376, 394, and 411 I.P.C. Police Station-Bhamaura, District-Bareilly, came to be registered against one Nanhe Lal and his wife Smt. Nisha Devi.

5. Upon investigation, statements of informant, constable and another were recorded on 17.03.2017. In charge, Sub Inspector Ajab Singh, with police team, was patrolling in search of the accused. On reaching Devchara, they got information from the police informer that accused, who had killed the deceased, are standing at Devchara square; believing the information, I.O. Ajab Singh, along with his police team, reached at the place where accused persons were standing; upon inquiry one told his name as Nand Lal and another Nisha Devi, R/o Village Sirohi, Police Station-Bhamaura, District-Bareilly; they told that a criminal case, against them, is registered, at the police station. With regard to the occurrence it was apprised by the informant that his daughter went to watch T.V. at their house; accused admitted that Sunita d/o Veerpal, who lives in their neighbour, had come to their house to watch T.V.; she was wearing golden earrings (kundals) in her ears and one locket on her neck; they out of greed, murdered the deceased by strangulation by her Dupatta and snatched jewellery from her and kept them in the Almirah placed in the room; they had thrown her dead body in the wheat field on 15.03.2017 at around 12 at night; to save them, they offered the Investigating Officer and Police Team that they can get recovered the jewellery wore by the deceased; Investigating Officer and police team were brought by both the accused to their house and they opened the room in their house and the Almirah and the jewellery was got recovered from there; the recovered articles were identified by the Rajendra and Rajdulari and these articles were sealed on the spot, in the presence of the accused as well as witnesses; memo of recovery of articles was written and it was signed by all the witnesses, accused, investigating Officer and police constable etc, accompanying the investigating officer.

6. Inquest of the dead body of the deceased was conducted by the Sub Inspector, in the presence of Panchan and he prepared an inquest report, Exhibit-Ka-3, to ascertain the real cause of death of the deceased, dead body along with necessary papers were forwarded for conducting the autopsy on the dead body to District Mortuary, wherein, autopsy was conducted, and an autopsy report, Exhibit-Ka-9 by the Doctor was prepared. In this autopsy report the details have been recorded and the cause of death of the deceased has been opined as Asphyxia due to strangulation.

7. During investigation, the investigating officer has recorded the statements of rest of witnesses and acc