JUDGEMENT
Yatindra Singh and Surendra Singh, JJ. -
(1.) Often, a case leaves more questions than it answers. This is one of them. It has left many questions unanswered especially regarding prosecution of a criminal case.
THE FACTS
Regarding Case
(2.) An incident took place in the night intervening 17th and 18th August 1994. In this incident Neelam (the Deceased) was killed. Her husband Sadhu Singh (the Informant) lodged an FIR at 6:15 hours on 18.8.1994 (Case Crime no. 831 of 1994, under section 302 IPC, Police Station Sihani Gate, Ghaziabad).
(3.) The allegations in the FIR are as follows:
The Informant married the Deceased after the death of his first wife;
For seven years, the Informant's relations with the Deceased were good. However since last one year, the Deceased went out of control and started going to different places according to her own wish. Number of people used to come to meet her in absence of the Informant;
In the night, the Informant was lying in his room and the Deceased was lying in the adjoining room. Between 4:00 - 5:00 hours, three unknown assailants climbed up from the outside. They gagged the mouth of the Informant and tied his hand from behind;
The Informant somehow climbed up the stairs, removed the cloth, and started shouting. On his shouting, the other residents of Mohalla came;
The Informant reached inside the room and found that an electric wire was tied on his wife's neck and there were injuries on her body. She had died.;
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