MUNNU LAL Vs. STATE OF U P

JUDGEMENT

(1.) THE instant Appeal relates to Case Crime No. 535 of 1990 of Police Station Auraiya District Etawah. The appellant Munnu Lal has filed this appeal under Section 374, Cr.P.C. against the judgment and order dated 2nd May, 2000 passed by Special Judge (Essential Commodities Act) Etawah in Sessions Trial No. 694 of 1996 whereby the appellant has been convicted under Sections 302 and 201, IPC and sentenced to life imprisonment under first count and to five years rigorous imprisonment under second count.

(2.) THE factual matrix of the case in short is that victim Usha Devi sister of first informant Krishna Babu resident of village Waraila within the circle of police Station Ajitmal of District Etawah was married two years ago to appellant Munnu Lal of village Kakhatoo of Police Station Auraiya. He was earning his livelihood by working as tailor at Delhi. The prosecution alleges that Munnu Lal was not happy with the aforesaid marriage as Usha Devi was an illiterate, uncultured and dark complexioned lady. He, therefore, entertained a desire to desert her and contract a second marriage. For this reason he used to ill -treat and torture her. She visited her parents home in village Waraila two/three times after marriage and used to narrate the above attitude of her husband.

(3.) THE prosecution story further is that on 1 -12 -1990 Munnu Lal visited village Waraila and expressed his regrets to the first informant and his family members for his conduct and assured them that he will keep Usha as his wife. After staying there for 2/3 days, Munnu Lal alongwith Usha left his in laws house. After about 20 days Krishna Babu went to village Kakhatoo to find out welfare of Usha. On reaching there he was told by the parents of Munnu Lal that Munnu had not come to them nor was Usha there. They also did not give any clue of their whereabouts.