SUBASH GUPTA Vs. STATE

JUDGEMENT

(1.) Introduction 1. These two appeals, one by Subash Gupta (Accused No.1: A-1), and the other by the State are directed against the same impugned judgment dated 28th March 2000 passed by the learned Additional Sessions Judge ( "?ASJ "?), Delhi in Sessions Case No.149/1998 arising out of FIR No.340/1996 registered at Police Station ( "?PS "?) Okhla Industrial Area convicting the A-1 for the offences under Sections 302 / 364 / 301 IPC. A-1 was, however, acquitted of the offence under Section 120-B IPC and Section 216 read with Section 34 IPC.

(2.) The case of the prosecution is contained in the charge sheet and supplementary charge sheet filed in the trial Court on 6th September 1996 and 29th November 1996 respectively. In terms thereof, A-1 was executing contracts of the Municipal Corporation of Delhi ( "?MCD "?). He enrolled himself with the weight loss centre of PPL on 30th November 1994. SS was his counsellor. According to the prosecution, A-1 fell in love with SS which, he claimed, was reciprocated by her. As a result of A-1 being persuaded by SS, A-1 agreed to give a loan of Rs.12 lakhs to PPL on interest. DG was managing the finances of PPL. The interest payments by PPL for the aforementioned loan were made through her to A-1. SK was the Director of PPL.

(3.) The case of the prosecution is that A-1 was infatuated with SS and, although he was married, he told SS that if she did not become his, he would even go to the extent of killing her. A-1 is said to have been maintaining a diary with writings to the above effect. A-1 also suspected that SS was having an affair with SK. A-1 hired a private detective, Vikram Singh (PW- 8), on 20th March 1996 to investigate the movements of SS on the pretext of a potential matrimonial alliance for his brother Anil Gupta with her. Despite PW-8 telling A-1, after 15 days of investigation, that SS had a good moral character, A-1 insisted that SS was having an affair with SK and insisted on continuing the surveillance on SS.