Tinku, and ors. Vs. State of Uttar Pradesh (U.P.). and ors.

[a. p. bhangale, j.] - indian penal code (ipc) - sections 302 read with 34 - punishment for murder - acts done by several persons in furtherance of common intention --applicant is brother of deceased anjali who has filed present revision application. heard learned counsel for applicant and learned counsel for respondents no. 2 to 6. learned counsel for the applicant contends that deceased anjali suffered cruelty at the hands of her inlaws which led to her death. learned counsel for the applicant took me through evidence on record and contended that the impugned judgment and order suffers from infirmity and the prosecution ought to have resulted into conviction of the accused. learned counsel for accused/respondents no. 2 to 6 has supported the impugned judgment and order and he contends that in the medical evidence of doctor who conducted postmortem examination, there was no suggestion regarding any alternate possibility for cause of death although hanging may be homicidal or suicidal. learned trial judge has observed number of lacunae in the course of investigation which turned out to be fatal to prosecution case. learned trial judge has discussed evidence of dr dhawane and principles laid down in medical jurisprudence in thorough detail. .....government advocate. 2. the argument substantially is that fraught relations emanating from matrimonial bickering escalated into launching of criminal proceeding vide case crime no. 541 of 2010 under sections 498-a, 323 and 506 i.p.c. and section 3/4 of dowry prohibition act p.s. katghar district moradabad. 3. having considered the arguments advanced across the bar, we have a feeling that court owes a duty to the society to strain to the utmost to repair the frayed relations between the parties so that the wounded situation may be healed into a healthy rapprochement. the matter in hand also appears to be one of those cases in which reconciliation should be tried between the disputing parties. 4. while referring the matter to mediation centre with the consent of the petitioners, it is directed that the petitioners shall deposit a sum of rs.10,000/- with the mediation centre by way of bank draft drawn in favour of mediation centre, high court, allahabad, out of which a sum of rs.8000/- shall be payable to the respondent no.4, the father of the victim and the remaining amount shall be kept for being utilized by the mediation centre. the amount aforesaid, it is further directed, shall be paid over to the respondent no.4 on appearing along with the victim before the mediation centre on the date fixed. the amount aforesaid, it may be clarified, are meant to meet expenses to be incurred for attending mediation sessions at allahabad for the respondent no.4 for escorting the victim. 5. the office upon deposit of the bank draft shall issue notice within one week to the respondent no.4, i.e. the father of the victim calling upon him to appear along with the victim in the mediation centre at allahabad high court on a date to be indicated in the said notice stating therein that the bank draft deposited by the petitioners shall be delivered in the mediation centre on the date fixed. the said notice shall be served upon respondent no.4 through c.j.m concerned. it needs.....