KEDAR NATH MALVIYA Vs. STATE OF U P

JUDGEMENT

(1.) The present appeal has been filed against the judgment of conviction and order of sentence both dated 17.04.2001 passed by Special Judge (Essential Commodities) Act, Lucknow in Session Trial No.25 of 1993.

(2.) The prosecution story, in brief, is that Kamini Devi @ Ruby got married to accused Kedar Nath on 19.01988. It had been an arranged marriage. On 3.7.1988, Kamini Devi @ Rubey committed suicide by hanging herself. Before her death, Kamini Devi @ Rubey had written three letters to her family members. Letters dated 14.05.1988, 6.1988 and 26.8.1988 which have been marked as Exhibit Ka-1, Exhibit Ka-2 and Exhibit Ka-3 respectively would show that she was happy at her matrimonial home and she did not complain against the behaviour of her husband or other family members of her matrimonial home. There are three letters which are of date 3.7.1988 i.e. Exhibit 7 and Exhibit 8/1 and Exhibit 8/2 written by the deceased before her death. These letters are the incriminating material to prove that the deceased was in great mental and emotional shock and trauma because her husband had illicit relation with one Suman Jaiswal. Exhibit 7 is the suicide note. This letter also indicates that the accused was having illicit relation with Suman Jaiswal. Material Exhibits 8/1 and 8/2 were addressed to Suman Jaiswal in which she squarely put blame on her husband. It appears from these letters that when the deceased protested for accused carrying on the relationship with Suman Jaiswal, she was beaten up by the accused. The accused would come home heavily drunk late in the night and would ill-treat his newly wedded wife for his illicit relationship with another woman. As the deceased could not bear the trauma, torture and her emotional set back, she committed suicide.

(3.) Heard Shri Salil Srivastava, learned Senior Counsel assisted by Shri Rajesh Kumar Pandey, learned counsel for the accused-appellant and Shri S.P. Singh, learned Additional Government Advocate assisted by Shri Diwakar Singh, learned Additional Government Advocate appearing for the respondent-State.