LAWS(ALL)-2013-8-245

SANJEEV RAWAL Vs. STATE OF U P

Decided On August 16, 2013
Sanjeev Rawal Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) Heard Sri G.S. Chaturvedi, Senior Advocate assisted by S/Sri Rajiv Lochan Shukla, Sri Praval Tripathi, Sri Navaneet Kumar Shukla, learned counsel for the applicant and Sri Mewa Lal Shukla, who earlier argued on behalf of the State as Addl. Government Advocate but subsequently, filed parcha on behalf of the complainant and perused the records.

(2.) Learned counsel for the applicant submitted that the applicant is the husband of the deceased. The marriage of the deceased was solemnized about 26 years prior to the incident. As per the prosecution case, the applicant is a hot headed person and used to maltreat his wife. For the last 6 to 7 days, the applicant used to beat his wife under intoxication. The son of the applicant is in service at Bombay. On 15.9.2012 at 11.10 p.m., Kartikeya Rawal, son of the deceased told his maternal uncle (mama)- Anil Amrit, the complainant on phone that his mother had committed suicide. It was also mentioned in the FIR that on the same day, at 9.25 p.m., the deceased had a talk on phone with the complainant that she would be going the next day with her son to Bombay. It was also alleged that when son of the deceased was with her, the applicant called him to Ganges Club, Kanpur and when they returned from the club to their apartment, the deceased Neeru Rawal had committed suicide by licenced revolver of the applicant.

(3.) Learned counsel submitted that the story of maltreatment and beating the deceased is nothing but a figment of imagination on the part of the complainant as no injury was found on the person of the deceased except the fire arm injury. It was contended that the deceased was depressed and she might have committed suicide under depression from licenced revolver of the applicant.