STATE OF U. P. Vs. KRISHNA KUMAR DUGGAL

JUDGEMENT

(1.) This appeal under Sec. 378 (3) of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.'), at the behest of the State, has been preferred against the judgment and order dtd. 4/3/1987 passed by learned III Additional Sessions Judge, Kanpur Nagar acquitting accused-respondent in Sessions Trial No.73 of 1985, who was tried for commission of offence under Sec. 302 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC').

(2.) Brief facts as culled out from the record are that a First Information Report was lodged by informant Smt. Jayraji against the respondent Krishna Kumar Duggal, which was registered at Police Station Govind Nagar, District Kanpur Nagar under Sec. 302 I.P.C. with the averments that deceased Nirmala Duggal was married with the accusedrespondent about 14 years before her death. At the time of marriage, the accused-respondent told that he was a engineer but after marriage it was revealed that he was not the engineer but merely a fitter in Small Arms Ordinance Factory, Kanpur Nagar. After the marriage, behaviour of accused was cruel towards the deceased and deceased had written various letters to her parents explaining the agony, anguish and merciless beating to her by husband/respondent. Respondent/husband was a man of bad character, having illicit relations with other woman.

(3.) It is also stated in the F.I.R. that once the deceased had lodged F.I.R. against the accused-respondent on account of his cruelty and torturing behaviour. During the fateful day of 28/9/1984, the accused-respondent had assaulted his wife and set her on fire, which resulted into severe burn injuries to her, ultimately, resulting in her death. With the intention of escaping the offence of murder, the accused-respondent lodged F.I.R. at Police Station Govind Nagar that deceased had committed suicide. Investigation was taken up by the concerned police station, I.O. visited the spot and prepared the site plan. No kerosene oil, petrol bottle or container, match box, stove or any other thing was found by the I.O. near the dead body of the deceased.