N.L.Ganguly, J. - (1.) THIS Government appeal is directed against the Judgment of acquittal by Sri B. K. Rathi, Illrd Addl. Sessions Judge, Muzaffar nagar dated 31.7.1979 acquitting Harendra, Smt. Bala and Braham Pal accused persons of the charges under Sections 302/201, 302/34 and 302/114, I.P.C.
(2.) THE prosecution case was investigated by the police on the basis of the F.I.R. dated 9.6.1977 lodged by Veer Sen, informant. Smt. Anarkali, the victim, was the widow of Yash Pal, who was the real uncle of Veer Sen, complainant. Accused Braham Pal is the real brother of the deceased victim. Smt. Anarkali. Braham Pal is reported to be dead during the pendency of the appeal, which fact was verified after enquiry by the Chief Judicial Magistrate, Muzaffar nagar. Since Braham Pal is reported to be dead, the appeal against him has already been abated by the order of this Court. Braham Pal lived with his sister Smt. Anarkali and was looking after her property since after the death of her husband. Accused Smt. Bala is the wife of Braham Pal and accused Harendra is the nephew of Braham Pal. THEy all lived in the house of Smt. Anarkali. THE relations between Braham Pal and Smt. Anarkali had become strained before the incident on account of illicit relations, which had developed between Harendra and Smt. Bala. THE deceased Smt. Anarkali had objection to such illicit relations continuing. Sher Din and Nakkal are said to be the servants of Smt. Anarkali. According to the prosecution, the incident took place at about 2.30 a.m. between the nights of 6/7.6.1977. It is alleged that a day prior to the incident, Braham Pal, accused had met Sher Din and had informed Sher Din P.W. 3 that his relations with Smt. Anarkali had become strained and she had said that she would transfer her land to Dharam Pal, father of Veer Sen, informant-complainant. Braham Pal on 6.6.1977 is alleged to have met Sher Din and asked him to come to his house in the evening. Sher Din went to his house in the evening. Braham Pal said to him that he wanted to murder Smt. Anarkali. Sher Din was told by Braham Pal that dispute regarding mutation of land was pending and he was apprehending that Smt. Anarkali may transfer the land in favour of Dharam Pal. Sher Din declined to help Braham Pal in murdering Smt. Anarkali. Braham Pal had assured to pay Rs. 2,000 and two quintals of wheat to Sher Din. In this manner, the scheme for murder of Smt. Anarkali was hatched. In between the nights of 6/7.6.1977 at about 2.30 a.m., Braham Pal had called Sher Din to his house. Smt. Anarkali was sleeping in the room. Smt. Bala accused caught hold of her feet and accused Harendra pressed her neck. Shrieks were heard by Surendra P.W. 4, whose house is said to be near the house of Smt. Anarkali. Per chance, Surendra heard the shrieks at that time as he had come out of his house to pass urine. It is said that Sher Din had pressed the mouth of Smt. Anarkali and she became unconscious. Harendra brought a rope, which was tied around the neck of the deceased and pulled by Harendra and Sher Din. Braham Pal was watching and witnessing the killing while standing at the door of the room. Smt. Anarkali had died of strangulation. Harendra and Sher Din told Braham Pal that she had died. Braham Pal thereafter asked Sher Din to throw the dead body in the field, which Sher Din refused to do. Harendra then gave Rs. 200 to him. Smt. Bala and Harendra put the dead body in the Kotha of Bhoosa. Harendra and Sher Din left the house and Smt. Bala closed the door.
(3.) WHEN Harendra and Sher Din had reached the door of Smt. Anarkali, Veer Sen, informant and his brother Hart Ratan were returning at about 3 a.m. after irrigating their field. Veer Sen had asked Sher Din as to why he had come to the house of Smt. Anarkali at that hour and Sher Din had replied that he had come with an urgent work. Harendra also had given similar reply. Veer Sen and Hari Ratan left for their house and Sher Din also went to his house. On the following day at about 8 a.m. Veer Sen met Sher Din P.W. 4 and told him regarding meeting of Sher Din at the house of Anarkali at 3 a.m. Surendra had also told to have heard the shrieks of Smt. Anarkali at about 2.30 a.m. Accused Harendra had reached the lane where Surendra and Veer Sen were talking. Veer Sen had asked Harendra about Smt. Anarkali. Harendra had replied that she had gone to her father's house at village Sherpura Luhara. Veer Sen became suspicious, after hearing Surendra P.W. that he had heard shrieks and noise at 2.30 a.m. from the house of Smt. Anarkali and Sher Din was also seen coming out of that house at that odd hours. Veer Sen left for village Sherpura Luhara to enquire about Smt. Anarkali and met her father Chandra Bhan there. The father of Smt. Anarkali had informed that she had not gone there. Veer Sen after returning from village Sherpura Luhara at 8 p.m. told his father the entire incident and had also told other persons of the village.;