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2022 Supreme(SC) 65

M. R. SHAH, B. V. NAGARATHNA
State of U. P. – Appellant
Versus
Veerpal – Respondent


Advocates appeared:
For the Appellant(s) : Ms. Garima Prashad, Sr. Adv./AAG Mr. Vishnu Shankar Jain, AOR
For the Respondent(s): Mr. P. S. Khurana, Adv. Mr. Vibhuti Sushant Gupta, Adv. Mr. Narender Kumar Verma, AOR

JUDGMENT :

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 30.05.2020 passed by the Division Bench of the High Court of Judicature at Allahabad in Criminal Appeal No. 4658 of 2015 by which the High Court has allowed the said appeal preferred by the respondents herein - original accused and has acquitted the accused for the offences under Section 302 read with Section 34 of the IPC, the State has preferred the present appeal.

2. The facts leading to the present appeal in nutshell are as under:

2.1 That PW1 Bengali Babu gave the First Information Report which was registered as Crime No.1144/11 initially for the offences under Section 326 of the IPC to the effect that on 20.12.2011 at about 2:30 pm, he got a call from Radha - daughter of the deceased that her mother had got burnt. He immediately reached the hospital and at that time SDM was taking the deceased’s statement. According to him, the girl told that her father-in-law and mother-in-law demanded the money and when she refused there was an assault and thereafter they poured kerosene over her and with a burning matchstick burnt her. The Investigating Officer started the investigation. H

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