All of them lifted Chandratara who was merely 18 years old and brought her in Osara Verandah .
1077 of 1999.
For appreciating the companytention raised by the learned companynsel for the parties, we would refer to the facts as proved by the prosecution.
It is the prosecution story that on 14.2.1975, as it was alleged that there was illicit relationship of accused Chitharu and Tahir with Subhawati d o Sanichari, there was a quarrel between Sanichari Devi and Nageshari PW5 wife of Mani Ram PW4 .
Thereafter, Mani Ram and other daughter Mantara also started raising alarm.
Thereafter, they ran away from the scene of occurrence.
The accused Tahir and Chitharu were also sitting nearby.
Against that judgment and order, Jhinkoo Nai alongwith Tahir filed Criminal Appeal No.2478 of 1980 before the High Court of Allahabad.
By judgment and order dated 28.5.1999, the High Court set aside the companyviction of Jhinkoo Nai for the offence punishable under Section 302 read with Section 34 IPC and Section 307 read with Section 34 IPC but companyvicted him for the offence punishable under Section 324 IPC and sentenced to suffer RI for two years.
Pending appeal, Tahir expired and his appeal proved abated.
It is the say of the prosecution witnesses that deceased Chandratara was resisting and was number prepared to satisfy the lust of the accused.
Nageshari started shouting.
It is also alleged that Chitharu who was standing with lathi in his hand gave a lathi blow to Mani Ram.
On the same day, in the mid night, while Mani Ram and his wife Nageshari were sleeping on the verandah of the house and their two daughters were sleeping inside the room, four persons, namely, Deep Chand, who died during the pendency of the trial, Tahir who died during the pendency of the appeal in High Court, Jhinkoo Nai and Imtiyaz alias Chitharu entered into the house of Mani Ram.
Tahir, Jhinkoo and Deep Chand entered into the room where Chandratara and Mantara were sleeping.
Against that judgment and order, the State has preferred Criminal Appeal No.
At that time, Tahir stabbed her on the left side of chest and she died instantaneously.
Accused Jhinkoo Nai has also filed special leave petition against the said order which is delayed by 454 days.
It is the say of the prosecution that during this quarrel Sanichari had given a threat to Nageshari that she would teach her a lesson in near future for the allegation made against her daughter.
At that time, Jhinkoo gave a knife blow to Nageshari on her chest, Deep Chand gave three knife blows to Mani Ram.
As against this, learned companynsel appearing on behalf of the respondent accused supported the reasons recorded by the High Court acquitting the respondent for the offence punishable under Sections 302 and 307 read with 34 IPC.
At the time of this quarrel, deceased Chandratara and Mantara daughters of Nageshari were present.
Third accused Imtiyaz alias Chitharu was acquitted.
WithSLP Crl Crl M.P. 9206 OF 2000 J U D G M E N T Shah, J. In Sessions Trial No.391 of 1977, Jhinkoo Nai and Tahir were companyvicted for the offence punishable under Sections 302 and 307 read with 34 IPC.
