- (1.) THIS revision has been preferred against the order of acquittal passed by Sessions Judge, Ghaziabad on 07.11.1988 in Sessions Trial No. 507 of 1986, under Sections 302, 323/34 I.P.C. acquitting the accused opposite parties no. 1 to 3.
(2.) THE accused opposite parties no. 1 and 3 are said to have died during the pendency of this revision, hence, the case is abated against them.
(3.) ACCORDING to the First information Report complainant Kranti is the widow of Mehar Chand who died about seven years prior to the lodging of the first information report. Ram Chander and accused Mam Chand are the brothers of Mehar Chand. Tej Pal alias Tejan and Vijay Pal accused are the sons of Ram Chander. They all reside in village Thapkhera, P.S. Dadri, District Ghaziabad. Deceased Rati Ram used to visit Smt Kranti even during the life time of her husband Mehar Chand. After the death of Mehar Chand, Rati Ram continued visiting Smt. Kranti to the extent of helping her. Mam Chand elder brother of the deceased Mehar Chand was bachellor. After the death of Mehar Chand he offered Smt. Kranti to marry him and give up relations with Rati Ram. Smt. Kranti had turned down the proposal of marriage which was not liked by Mam Chand as he thought that Rati Ram was the main hurdle in his way. On 18.07.1986 Rati Ram was coming by train to meet Smt Kranti in the village. Jit Ram used to come from Delhi every day by train. He was also returning by the train as usual. Jit Ram and deceased Rati Ram came to the village together. Jit Ram took Rati Ram to his "Baithak" where in the presence of accused persons, Rati Ram consumed liquor. At about 09:00 P.M., Smt. Kranti and her daughter -in -law Smt. Sumitra had seen Rati Ram consuming liquor in the presence of the accused persons. After that Rati Ram was assaulted and was brought in the courtyard of Smt. Kranti. On exhortation of Mam Chand, accused Tej Pal lifted a SIL (a piece of flat stone) and hit on the head of Rati Ram. The other accused were carrying lathi and ballam. On the hue and cry being raised Richwa, Nander, Birmay and many other witnessed come on the spot where Rati Ram died in the courtyard of Smt. Kranti.;