ASHOK KUMAR SRIVASTAVA Vs. STATE

JUDGEMENT

(1.) THE three appellants, namely, Ashok Kumar, Rajendra Lal and Smt. Sudha have been convicted under Section 302/34 IPC on 22-12 - 1976 by the Addl. District & Sessions Judge, Lucknow. Each of them has been sentenced to undergo life imprisonment for that offence.

(2.) THE undisputed facts of the case under appeal are that J. P. Srivastava complainant (PW 2) and Rajendra Lal appellant belong to two educated and respectable Srivastava Kayastha families of Varanasi. THE complainant retired as Lecturer from the Railway College, Moghal Sarai whereas Rajendra Lal appellant retired as Head of the Economics Department of Harish Chandra Degree College, Varanasi. Sushil Kumar (PW 5) is complainant's son. Ashok appellant is the only son of Rajendra Lal appellant. At the time of occurrence he was posted as an Asstt. Engineer at Lucknow and was residing as tenant in a portion of the first floor of house no. 597/17-K in Mohalla Om Nagar. This house belongs to Prabhat Kumar and Rajendra Kumar P. Ws. Smt. Sudha appellant is the widowed daughter of Rajendra Lal appellant. She is a teacher at an Intermediate College of Varanasi. Smt. Meera deceased was the daughter of J. P. Srivastava complainant. She was a beautiful girl. On 13-5-73 she was married to Ashok appellant who was then posted at Allahabad. Meera was a student of M. A. at Varanasi University when her marriage took place. After her marriage Meera stayed with Ashok at Allahabad and also at Lucknow when he came here on transfer in the beginning of 1974.

(3.) THE police did not suspect any foul play in the matter till the afternoon of 21-7-74 when J. P. Srivastava complainant, after receiving telephonic message at Varanasi about the burning of his daughter, rushed to Lucknow by a motor-taxi. He went to Ashok's residence where some persons told him that Meera was burnt to death by the appellants. THE complainant lodged a report about commission of Meera's murder by the appellants at P. S. Alambagh at 7 p. m. on 21-7-74 and on its basis a case was registered against the appellants.