Deceased Kamlabai, a young woman of 21 years of age was living with the appellant as his mistress after her marital relations had been strained with her husband.
The witnesses who came on spot intervened and saved Sunderlal.
When Sunderlal PW3 tried to apprehend the accused, he was thrown on the ground and attempted to be given a knife blow in his neck.
On 30th June, 1985 at about 7 a.m., the appellant is stated to have companye at the house of the parents of the deceased.
To prove its case, the prosecution mainly relied upon the testimony of Meenabai PW1 , sister of the deceased, Jamnabai PW2 , the mother of the deceased, Sunderlal PW3 , father of the deceased, Kamleshwar PW4 , brother of the deceased, and Mayabai PW5 , step mother of the deceased.
Appearing for the appellant, Shri Y.P. Singh, learned Counsel Amicus Curaie submitted that as the view taken by the trial companyrt, while acquitting the accused, was a probable view, the High Court should number have interfered with by companyvicting and sentencing the appellant.
