STATE OF U P Vs. SURENDRA SINGH

JUDGEMENT

(1.) M. C. Jain, J. The State has come up in the appeal against the judgment of acquittal dated 1-9-1981 recorded by Sri Ikramul Bari, the then IV Addl. Sessions Judge, Bijnor in Sessions Trial No. 412 of 1980. The two respondents, namely, Surender Singh and Smt. Sanyogita were tried before the Court below. The charges against Surender Singh were under Sections 302 and 392 IPC whereas Smt. Sanyogita faced trial under Section 302 IPC read with Section 120-B IPC.

(2.) THE deceased was Devi Singh alias Bhullan Singh. He used to reside in village Shahpur Sukha, P. S. Kiratpur, District Shahjahanpur and was aged about 35 years. Sanyogita accused lived nearby. In between the house of deceased and that of Sanyogita, a ruined Ghair existed. Devi Singh deceased had developed illicit relation with Sanyogita and used to spend a lot of money on her Smt. Vidyawati PW 1 (wife of Devi Singh deceased) became aware of it and after great pursuation succeeded in stopping the visits of Devi Singh to Smt. Sanyogita. Sanyogita resented it she was deprived of the financial benefit. THE incident took place in between the night of 4/5. 6 1980 at the house of deceased Devi Singh. Since about a month before the incident, the accused Surender Singh, resident of a nearby village Sarkara Kheri started visiting the house of Sanyogita. Devi Singh objected to his visits several times and two days before the incident, he had again objected to his visit to the house of Sanyogita. He had asked Sanyogita also not to indulge in such immoral activities. Sanyogita then abused Devi Singh and Surender Singh also left offering threats to Devi Singh. This was the earlier background allegedly leading to the incident.

(3.) APART from Doctor, Investigating Officer and other formal witnesses, the prosecution relied on the testimony of deceased's wife Vidyawati PW 1 as eyewitness. On Prakash PW 3, Jamraj Singh PW 4 and Jagat Singh PW 6 claimed themselves to have seen Surender Singh running away from the spot with Tabal (weapon of the offence ). Om Prakash PW 3 also stated that he was Sanyogita standing at her door to whom Surender Singh made some gesture or sign. All the three witnesses allegedly had flashing torches.