NANAK CHAND TYAGI Vs. STATE

JUDGEMENT

(1.) THIS criminal appeal arises out against the judgment and order dated 09 -09 -1983 passed by Sessions Judge, Dehradun in S.T. No. 34 of 10982 State Vs. Nanak Chand Tyagi convicting the appellant under Section 302 I.P.C. and sentencing him for life imprisonment.

(2.) BRIEF facts of the prosecution case are that Smt. Ram Katori had a daughter, namely, Smt. Raj Rani, who was married with the accused/appellant Nanak Chand Tyagi in the year 1997. The accused/appellant is resident of Firozpur, District Meerut and was working as constable in U.P. Police and when he was posted at Dehradun, he came in contact with Raj Rani and eventually married her on 30 -10 -1977 under the Special Marriage Act.

(3.) AS the accused/appellant and his wife Smt. Raj Rani belong to different castes and the parents of the appellant were not happy with this marriage therefore, after some time they were strained relations between the husband and me wife. The appellant subsequently started threatening to the deceased Ram Katori in order to drag money and other properties. The deceased - Ram Katori initially met his demands but when his demands were more frequent then she started refusing him. The appellant in retaliation started beating Smt. Raj Rani and threatening the old lady (deceased) with dire consequences. The accused/appellant ultimately abandoned his wife Smt. Raj Rani about 11/2 or 2 years prior to this occurrence forcing her to live with her mother.