STATE OF U P Vs. RAVINDRA KUMAR GUPTA

JUDGEMENT

(1.) -The State has come up in appeal against judgment dated 22.5.1993 recorded by Sri V. N. Chaddha, the then Vth Additional Sessions Judge, Varanasi in Sessions Trial No. 223 of 1985 acquitting the accused respondent Ravindra Kumar Gupta of the charge of Section 302, I.P.C. relating to the murder of his own wife Shakuntala.

(2.) THE relevant facts may be related shortly to appreciate the discussion that has to follow. THE genesis of the prosecution case was the F.I.R. lodged at P.S. Cantt. district Varanasi on 5.6.1985 at 7.25 a.m. by Radhey Shyam Gupta brother of the deceased the incident having taken place the same day at about 5 a.m. in Ardeli Bazar at a distance of about 3 kms. from the police station.

(3.) AS the situation worsened, on 4.6.1985 at about 6 p.m., Radhey Shyam Gupta P.W. 1 went to his sister's house to bring her back with him. The talks with the accused respondent did not yield any result and the latter insisted for further talks the following day. He decided to stay at his sister's house during the night. His sister told him secretly that in case of his not taking her with him, her husband would kill her.