JUDGMENT :

1. Heard learned A.G.A. for the State.

2. This appeal has been preferred by the State against the judgment and order dated 22.02.1986 passed Addl. Sessions Judge, Badauna in Session Trial No. 1 of 1984 (State vs. Radhey Shiam and Others), whereby the accused-respondents Radehy Shiam, Lalta Prasad, Poshabi Lal and Smt. Mada Devi have been acquitted of charges under section 302/34 I.P.C.

3. In this appeal there are four accused persons namely, Radhey Shiam, Lalta Prasad, Poshabi Lal and Smt. Maya Devi, Out of four accused persons, three accused namely, Lalta Prasad, Poshabi Lal and Smt. Maya Devi have died in view of the office report dated 06.12.2022. Hence, the appeal against accused Lalta Prasad, Poshabi Lal and Smt. Maya Devi stands abated. The appeal is being decided against the surviving accused Radhey Shiam.

4. Briefly stated the facts of this case are that Smt. Premwati daughter of Dori Lal (P.W.1) was married to accused-respondent no.1 Radhey Shyam I in April 1982. Accused-respondent no.3 is the father and accused-respondent no. 4 Smt. Maya Devi is the mother and accused-respondent no. 2 Lalta Prasad is the brother of Radhey Shyam. P.W.4 Roopram the complainant in thi