PRITINKER DIWAKER,J - (1.)Heard on Admission.
(2.)Challenge in the present acquittal appeal is to the judgment and order dated 15. 7. 2019 passed by Sessions Judge, Siddharth Nagar in Sessions Trial No. 65 of 2013 ( State of U. P. vs. Smt. Nirmala Devi and two others), acquitting the respondents of the offence under Section 302 / 34 of IPC.
(3.)As per prosecution case, respondent no. 1 Nirmala Devi, is a sister-in-law/Jethani of the deceased Laxmi Devi, respondent no. 2 Smt. Monika is her sister-in-law/Devrani whereas respondent no. 3 Smt. Prabhawati is her mother-in-law. Marriage of the deceased was solemnized with the son of respondent no. 3, namely, Vinod Kumar Chaubey about 15 years prior to the date of incident and out of the wedlock, deceased had four children. Further case of the prosecution is that husband of deceased was working at Delhi whereas to have better livelihood, deceased had opened her beauty parlour which was about 50 meters away from her residential house. On 18. 3. 2013, dead body of the deceased was found in her working place i. e. beauty parlour. After coming to know about the death of the deceased, informant Vashisth Dev Pandey, father of the deceased, lodged a report against the accused persons, alleging in it that they never allowed the deceased to live separately and they used to take / snatch whatever was being earned by the deceased from her beauty parlour.