- (1.) This criminal appeal has been filed by the appellant against the judgment and order dated 25.09.1982 passed in Sessions Trial No.476 of 1980 convicting the appellant under Section 302 IPC and sentencing him to life imprisonment.
(2.) Brief facts of the case are that the complainant Shiv Prasad came to the police station on 05.08.1978 at 20:30 hours and narrated the prosecution story orally which was written by the Head Constable of the police station on the basis of which a chik FIR was lodged. The oral version of Shiv Prasad was to the effect that around four years back from the date of FIR, his wife Rajpati was teased by one Suresh Kumar who used to reside in the same locality. Upon protest by Rajpati and other family members, Suresh had beaten them up. In respect of this occurrence, a criminal case was pending in the Court of Judicial Magistrate in which 03.08.1978 was a date fixed.
(3.) Keshav, father of Suresh, and others were continuously pressurizing the complainant to compound the offence to which although Shiv Prasad and his wife were prepared to yield but mother of complainant i.e. Dhana Devi was not prepared for any such rapprochement. Being the main hurdle Dhana Devi was threatened by the accused of assault after derobing her. The complainant though had not lodged any FIR about such threat for fear of further retribution, other residents of the locality were aware of the aforesaid threat having been administered.;