DUDH NATH PANDEY Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) A college going boy called Vijay Bhan Kishore was shot dead on the morning of November 2, 1976 near the Hathi Park, Dayanand Marg, Allahabad. The appellant was convicted for that offence under Section 302 of the Penal Code by the learned Third Additional Sessions Judge, Allahabad and was sentenced to death. The order of conviction and sentence having been confirmed by the High Court of Allahabad by its judgment dated August 23, 1978, the appellant has filed this appeal by Special Leave.

(2.) Vijay Bhan Kishore alias Pappoo was the son of an Advocate called Brij Bhan Kishore who died in about 1967 leaving behind a widow, three daughters and Pappoo. The youngest of the three daughters was married while the two elder were working as school teachers. Out of those two Ranjana Kishore was a teacher in the St. Anthony's Convent.

(3.) The appellant, Dudh Nath Pandey, who was a motor-car driver by occupation, used to live as a tenant in an outhouse of a sprawling bungalow belonging to the family of the deceased, situated at 17, Stanley Road, Allahabad. The appellant developed a fancy for Ranjana who was about 20 years of age, when he came to live in the out-house. The overtures made by the appellant to Ranjana created resentment in her family and its only surviving male member, her brother Pappoo, took upon himself the task of preventing the appellant from pursuing his sister. As a first step, the appellant was turned out of the out-house. Soon thereafter, he filed an application before the City Magistrate, Allahabad, asking for the custody of Ranjana, alleging that she was his lawfully wedded wife. That application was dismissed by the learned Magistrate after recording the statement of Ranjana, in which she denied that she was married to the appellant. The appellant thereafter filed a habeas corpus petition in the Allahabad High Court alleging that Ranjana was detained unlawfully by the members of her family, including her uncle K. P. Saxena, and asking that she be released from their custody. Ranjana denied in that proceeding too that she was married to the appellant or that she was unlawfully detained by the members of her family. The habeas corpus petition was dismissed by the High Court on November 8, 1973. On August 1, 1975, the Principal of St. Anthony's Convent made a complaint to the police that the appellant had made indecent overtures to Ranjana. The appellant was arrested as a result of that complaint.