SANJAY GOEL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal arises out of the judgment and order dated 31-1-1992 passed by Sri S. B. Vaish, I Additional District and Sessions Judge, Kanpur Nagar, in S.T. No. 70 of 1988 convicting the appellant, Sanjay Goel, under Sections 302, I.P.C. and sentencing him to life imprisonment and a fine of Rs. 5,000.00. In default of payment of fine the appellant is to undergo 6 months' R.I. The appellant was further convicted under Section 328, I.P.C. and sentenced to 7 years' R.I. and a fine of Rs. 2,000.00. In default of payment of fine the appellant is to undergo 2 months' R.I. Both the sentences were, however, direced to run concurrently.

(2.) The facts of the present case are quite peculiar. They are not only dramatic in character, but also exhibit a picture of masculine trust over a girl, liberal, free and mentally western. The family background also indicates that the girl was not accustomed to any orthodox family dominance. The story revolves round the appellant, who is son of a well placed person in the society, and the deceased Km. Mamta Anand, daughter of a high official in the Indian Railways.

(3.) Both, appellant and the deceased girl, came in contact, initially, at I.I.T., Varanasi, where they had gone to complete their courses for B.Tech. The appellant was senior to the deceased. Since both of them were residents of Delhi and figuratively handsome and beatutiful, were attracted to each other by the love at first sight. The affair not only continued but had proceeded on to the stage of beastly pleasure between them. The circumstances point out clearly that at some point of time, during their stay at I.I.T., Varanasi, they had decided to marry and lead a life together. But the providence was chalking out some other course for them. The appellant, being senior, had passed out his B.Tech. Course a year in advance of the deceased. He thereafter got a job at Ghaziabad and was staying there in connection with it. However, the contacts between the two were not only retained but also maintained till the deceased, Km. Mamta Anand, joined I.I.T., Kanpur, in the year 1987. Soon after joining I.I.T., Kanpur, from the facts and circumstances it is clearly evident, she came in contact of yet another boy. The charm of her new find was so strong that she started having a second look into her affairs with the appellant. She was gradually developing a cold feet towards him. It is further available that some one amongst her own acquaintance was operating as a go in between lateron he probably became an informer to the appellant. He used to keep this appellant abreast with this change in her approach regularly. The appellant apparently received routine feed back about her growing charm in the new acquaintance at Kanpur. Name of the new acquaintance as occurred in the evidence is Hari Haran. She was so enamoured and infatuated by Hari that a strong repulsion was emerging within her against the appellant. She was seriously endeavouring to free herself from him, who, being too possessive, was keeping a vigil on her. She being an advanced and a career oriented girl, coming from a background where individual liberty was paramount, was not ready to tolerate the dogmatic command of her onetime boy friend whom once she had chosen as her life partner.