STATE OF UTTAR PRADESH Vs. RAMESH PRASAD MISRA

JUDGEMENT

(1.) Leave granted.

(2.) We have heard learned counsel on both sides.

(3.) In Sessions Trial No. 78 of 1985 in the Court of the Special Judge (E.C. Act), Banda, the Sessions Judge convicted Ramesh Prasad Misra, the first respondent under Section 302, Indian Penal Code ('IPC', for short) and sentenced him to death. He was also convicted under Section 201, IPC and sentenced to undergo rigorous imprisonment (RI) for four years and to pay a fine of Rs. 1,000/- and in default to undergo simple imprisonment for six months. He was also convicted under Section 498-A and sentenced to undergo two years' RI and to pay a fine of Rs. 1,000/- and in default to undergo further simple imprisonment for six months. All the sentences were directed to run concurrently. Smt. Butto Devi, the second respondent, mother of the first respondent, was acquitted of the offence under Section 302 but was convicted under Section 201, IPC and sentenced to undergo RI for four years and a fine of Rs. 1,000/- and in default to undergo six months simple imprisonment. She also was convicted under Section 498-A and sentenced to undergo RI for two years and to pay a fine of Rs. 1,000/- and in default to undergo simple imprisonment for a further period of six months. Both the sentences were directed to run concurrently. A Division Bench of Allahabad High Court consisting of B. N. Katju and D. S. Bajpai, JJ., however, by judgment dated July 21, 1988 in Criminal Appeal No. 2108 of 1987 acquitted both the respondents of all the charges and also rejected the reference for confirmation of death sentence. Thus this appeal by special leave.