1

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NOS. 1700-1701 OF 2007

State of U.P.

… Appellant

Versus

Jagdish Saran and another

…Respondents

O R D E R

1.

These appeals are directed against judgment and order

dated 10.02.2006, passed by the High Court of Judicature at

Allahabad in Criminal Appeal Nos. 360 of 1982 and 390 of 1982,

whereby the conviction and sentence recorded by the learned

Additional Sessions Judge, Budaun in Sessions Trial No. 5 of

1980 against the accused/respondents in respect of offences

punishable under Section 302 read with Section 34, Sections

201 and 364 of Indian Penal Code (IPC), are set aside, and the

accused are acquitted.

2.

Prosecution story, in brief, is that deceased (Kusum) was

married to respondent No. 1 Jagdish Saran about eight years

before her death. The couple had three children. On

20.04.1979 an information was received at Police Station,

Binawar, that a dead body was found on the railway lines near

stone mark No. 357. After identification of the dead body,

attempt was made to contact respondent No. 1 Jagdish Saran who

had gone to Ujhiana. A crime was registered on the basis of

Digita