STATE OF U.P. Vs. HARISHCHANDRA GUPTA

JUDGEMENT

(1.) We have heard Sri Shailendra Nath Tripathi, learned A.G.A. for the State-appellant and Sri Vishal Kumar Sharma holding brief of Sri H.N. Sharma, appearing for the respondents-accused.

(2.) This is an appeal preferred by the State of U.P.- appellant under Section 378 Cr.P.C. against the judgment and order dated 10.11.1983 passed by Sessions Judge, Bulandshahar in Criminal Sessions Trial No. 135 of 1981, whereby respondents-accused namely Harish Chandra Gupta, Amar Singh and Phool Singh were acquitted of the charge under Section 302 read with Section 34 of I.P.C.

(3.) Brief facts of the case are that first information report of the incident was lodged by Lal Singh (P.W.1) on 15.9.1980 at 3.30 P.M. at Police Station-Shikarpur, District-Buland Shahar, reporting that Harish Chandra resident of Poothri Khurd who had married to Maha Devi about 7-8 years back had assaulted her with Khurpa in the field where she had gone to cut maize crops. On hearing the alarm raised by her, the complainants, Bishamber, Sumera, Badlu reached the spot and saw Harish Chandra assaulting his wife Maha Devi with a khurpa. On being challenged by the complainant and the witnesses, Harish Chandra ran away with the weapon. The motive is said to be that Harish Chandra wanted his wife to reside with her parents as there were differences between them, whereas his wife Maha Devi wanted to live with her husband. In this regard, Panchayat was also held a number of times to settle their dispute, but it ultimately resulted in the aforesaid incident.