STATE OF UTTAR PRADESH Vs. SHANKER

JUDGEMENT

(1.) This appeal by special leave is directed against a judgment, dated May 16, 1973, of the High Court of Allahabad. It arises out of these facts.

(2.) The respondent - Shanker (hereinafter referred to as the accused) is a resident of village Gauri, Police Station Hamirpur. He had deserted his wife about 5 years before the occurrence in question. Ever since, his wife was living with her parents. The accused had an evil eye on Panchania deceased, wife of Manbodhan (P. W. 2). About a year before her murder, the accused had attempted to ravish her in a field. On returning to the village she complained about her molestation, to her husband, Manbodhan. Manbodhan approached the village head-man. Raghunath who convened a Panchayat to consider Panchania's complaint. The Panchas called the accused, and reprimanded and warned him to behave in future. Manbodhan did not report the matter to the police to avoid defamation of his wife which is generally a concomitant consequence of initiation of a police investigation and prosecution. In spite of this stern admonishment administered by the Panchayat, the accused did not give up his evil designs to force Panchania to quench his sexual lust.

(3.) On February 16, 1972 in the afternoon, the accused again made overtures to the deceased and cut indecent jokes with her. She spurned the same and retaliated with a shower of abuses.