BAIJNATH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The accused Baijnath, Sukh Lal, Phoolchand and Natthu were convicted under Section 302/34, I.P.C.and sentenced to life imprisonment by the 2nd Additional Sessions Judge, Jalaun at Orai in S.T.No. 74 of 1977. The informant Bansilal (P.W.1) is brother of the deceased Hiralal. They were sons of Gutai. Sisters of Natthu were married to the deceased Hiralal, accused Sukhlal and accused Baijnath. The accused Phoolchand happens to be sister's son of accused Natthu.

(2.) The accused Natthu was married to Smt. Premwati alias Lalli (P.W.5) and they lived together in Mohalla Chamanganj, District Kanpur. The father of accused Natthu was employed in Swedeshi Mill, Kanpur and he was maintaining his son, who had no source of livelihood. He died in the year 1969. After his death accused Natthu, who had no earning to meet day to day expenses was facing financial problems, which were aggravated by his habit of drinking and gambling. He started pressurising his wife Smt. Premwati to take up prostitution and started bringing persons to his house for that purpose. She refused to oblige and declined the suggestion. The accused felt offended, he started beating her. She was often subjected to cruelty, Smt. Premwati found it impossible to live with him. She, therefore, filed case No. 13 of 1974 in the Court of Civil Judge, Kanpur for divorce.

(3.) Then the prosecution case is that Smt. Premwati got entangled with the deceased Hiralal, whose wife had died. On account of relations of his wife with the deceased Hiralal the accused Natthu got annoyed with the deceased. The ill will got aggravated by the institution of the divorce suit. This furnished motive behind the crime.