SANTOSH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned A.G.A.

(2.) Perused the record.

(3.) Submission of the counsel for the applicant is that even if the prosecution story is accepted as such then two circumstances of the case would indicate that there would hardly be any ground to impute any intention to cause death to the applicant. It has been contended that this is the admitted case of the prosecution that the first husband of the deceased had deserted her and was not doing anything to maintain her. Later on the applicant who is the younger brother of the erstwhile husband of the deceased came forward and took the responsibility of the deceased to maintain her and started living as husband and wife. From this wedlock one son, namely Santosh was also born. It is said that on the day of the occurrence the applicant brought fish and at that time he was in an inebriated state of mind as he was drunk. When the applicant asked to cook the fish the deceased expressed her inability as the things required for cooking were not available. In this back ground the applicant is said to have a brandished a Tamancha and in that enabriated state started threatening her. It was in the same process that the country made pistol went off and the deceased fell down as a result of injury which she received. Counsel has also drawn the attention of the statement of the daughter of the deceased in which she has reiterated the same version and specifically stated that after the deceased fell down the applicant started weeping and spent some time there, crying and wailing but even before the deceased could be taken to the hospital, she succumbed and died. Counsel for the applicant has also drawn the attention of the court to the statement of another son of the deceased in which also he has stated that after the deceased got hit the applicant started weeping bemoaning for his conduct. It has also been contended that though neither the recklessness of the applicant nor the conduct which he displayed can be vindicated or justified in any manner but it is also manifestly clear that any intention to cause death of his wife in the back ground these conspicuous facts cannot be attributed to him. It cannot be said with reason that the case of culpable homicide amounting to murder is made out Counsel has much emphasised upon the fact that the applicant has already spent more than three years in jail since 5.9.2012. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. and in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.