Hon'ble H.C. Kandpal,.J. This criminal appeal arises out against the judgment and order dated 31.03.1989 passed by Sessions Judge, Nainital in Sessions Trial No. 108 of 1987 State v. Aftab Alam alias Bhure convicting the appellant under Section 302, Indian Penal Code and sentencing thereof for life imprisonment.

2. The prosecution version in brief is that Mumtaz Jahan daughter of the complainant Akil Ahmad had talking terms with the accused as Mumtaz Jahan used to reside with Shabiri Begum whose house was situated in Lane No. 13, Azad Nagar, Haldwani and the accused also used to reside in front of house of Sabri Begum. The accused had some impression that Mumtaz Jahan had fallen in love with him. Akil Ahmed when came to know about it, he initiated the talks for the marriage of Mumtaz Jahan and when this thing came in the knowledge of the accused, he threatened Akil Ahmed.

3. Meanwhile, Akil Ahmed settled the marriage of Mumtaz Jahan with Mohd. Sahab alias Sabbu S/o Munnan (the deceased). The marriage was solemnized in November, 1986, however, Mumtaz Jahan was not sent with the bride-groom on that occasion, as she was sent with bride-groom later on in November, 1987.

4. On 3.4.