JUDGMENT :

1. This appeal under Section 378 (3) of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.'), at the behest of the State, has been preferred against the judgment and order dated 04.03.1987 passed by learned III Additional Sessions Judge, Kanpur Nagar acquitting accused-respondent in Sessions Trial No.73 of 1985, who was tried for commission of offence under Section 302 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC').

2. Brief facts as culled out from the record are that a First Information Report was lodged by informant Smt. Jayraji against the respondent Krishna Kumar Duggal, which was registered at Police Station Govind Nagar, District Kanpur Nagar under Section 302 I.P.C. with the averments that deceased Nirmala Duggal was married with the accused-respondent about 14 years before her death. At the time of marriage, the accused-respondent told that he was a engineer but after marriage it was revealed that he was not the engineer but merely a fitter in Small Arms Ordinance Factory, Kanpur Nagar. After the marriage, behaviour of accused was cruel towards the deceased and deceased had written various letters to her parents explaining the ago