ARUN KUMAR Vs. STATE

JUDGEMENT

(1.) This appeal has been directed against the judgment dated May 30, 1992 and order dated June 25, 1992 by which appellant Arun Kumar has been convicted of an offence punishable under Section 302 of the Indian Penal Code for having caused the murder of one Anita during the intervening night of 24th and 25th July 1985 and has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000.00 and in default of payment of fine, to undergo rigorous imprisonment for six months in addition.

(2.) The conviction of the appellant is based on circumstantial evidence as the investigating agency could not find out any eye witness of the occurrence. One Sukhvinder Singh was also tried along with the present appellant for the murder of the said woman but he has been acquitted by the Additional Sessions Judge and the State has not preferred any appeal challenging his acquittal.

(3.) The facts which have come out from the evidence led during the trial are that Anita aged about 30 years was married to one Kuldeep Kumar Saxena but there had taken place a divorce and Anita had also filed an application under Section 125 of the Criminal Procedure Code for obtaining maintenance from Kuldeep Kumar Saxena and that application was filed through Sh.Sukhvinder Singh, who is an Advocate by profession. That application was later on dismissed as withdrawn vide order dated March 1, 1983 as per record proved in the case through testimony of PW-38, Sh.S.K-Sharma, record clerk.