ANAND SARUP Vs. STATE

JUDGEMENT

(1.) The appellants herein Anand Sarup and Ram Kumar are challenging the legality of the judgment dated the 31st January, 1984ofShri J.D. Kapoor, Additional Sessions Judge, Delhi, whereby they were convicted for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code. They are also challenging the order dated the 3rd February, 1984 sentencing them to life imprisonment.

(2.) Seema, the deceased wife of Anand Sarup, it is the prosecution case, was last seen with her husband Anand Sarup and his co-accused Ram Kumar some days prior to 21st November, 1982. Her dead-body was found in a field near Nasirpur village, Delhi Cantt. on the morning of 21st November, 1982. This was considered a blind murder till 14th January, 1983. Till that date, no clue whatsoever was found by the prosecution about the identity of the deceased or about the assailants.

(3.) On 14th January, 1983, Public Witness . 6 Ram Parkash, a cousin of the deceased went to Police Station, Delhi Cantt. He narrated that he had received a letter from Anand Sarup, appellant No. 1 herein on 12th January, 1983. This letter, however, was dated the 3rd January, 1983. He stated that after the receipt of that letter, which was addressed to him at Village Chhanja, District Kanpur (U.P.), he visited Delhi and contacted Anand Sarup at his residence. He wanted to verify the contents of the letter in which it had been written that Seema had left her matrimonial home after a quarrel with her husband and had probably gone to her parents' house. The witness Ram Parkash knew that Seema had not visited her parents' village and was, therefore, worried. On meeting the appellant Anand Sarup, he enquired from him the whereabouts of Seema. To quote the witness's words: "When I enquired from Anand Sarup as to where Seema was, he became angry and shouted that she might have eloped with somebody (Bhag Gai Hogi Sali Kisi Ke Saath)." The witness who is an Advocate at Ghatampur, District Kanpur, U.P. and was closely related to Seema being her first cousion, was not satisfied with the reply. He contacted a friend one Bishambar Nath Sharma and thereafter came to report the matter in his company to the Police Station, Delhi Cantt. The Duty Officer then showed the photographs of the deceased, which were taken on the spot of occurrence, to this witness. The witness identified those photographs to be that of Seema. The letter which the witness bad produced was taken into possession by the Police and investigations were commenced. On that very day, Anand Sarup and his co-accused Ram Kumar were arrested from the house of Anand Sarup.