STATE OF BIHAR Vs. RAVI UPADHYAYA

JUDGEMENT

(1.) THE present Government Appeal arises out of judgment of acquittal dated 10th August, 1989 passed by the learned 5th Additional Sessions Judge, Patna in Sessions Trial No. 490 of 1988, by which the two respondents, namely, Ravi Upadhyaya and Shanker @ Sheo Shanker Prasad were acquitted of the charges under Sections 302 and 120B of the IPC.

(2.) SOME of the undisputed facts may be noticed first. The deceased Ragni Upadhyaya happened to be the daughter of P.W. 6 Krishna Prakash Sinha, and she had fallen in love with respondent Ravi Upadhaya who happened to be the son, one of the old family friends of P.W. 6, Krishna Prakash Sinha, the father of the deceased. It is also not disputed that on expressing her desire to get married to respondent Ravi Upadhaya, her father P.W. 6 had some reservations initially about the marriage being successful, but after a month or so the couple decided to marry. The deceased Ragni Upadhaya was a literate person and appears to have obtained Masters Degree along with Master in Education and was employed as a teacher in the Mathematics Department of J.D. Women's College Patna. Respondent Ravi Upadhaya was working in a financial non -banking company and he had been assigned his posting at Bombay and was residing there away from his wife. The couple had two daughters, the elder being Swati Upadhaya (P.W. 1), the informant of the present case and the younger at the time of incident, i.e., on 12.7.1987 was a toddler sitting in the lap of her parents. This is not disputed that the marriage had run into rough weather, probably because Ravi was inclined to take his wife and daughters to Bombay which was not acceptable to Ragni probably on account of professional reason.

(3.) IT appears that the little child could not get the desired food as it was not available and the friend of respondent no. 1 Ravi Upadhaya, namely, Rakesh handed over Rs. 5/ - to the little girl (P.W. 1) with instruction to have some sweet meats. Accordingly, she came along with respondent no. 2 Shanker @ Sheo Shanker Prasad at around 2.15 p.m. to the tenanted house which was in occupation of her parents. P.W. 1 and respondent no. 2 had ejected from the house for fetching food material at about 8 a.m.. On arrival at the door steps of the residence, P.W. 1 found that there was a lock already put on the grill -gate and she went inside the house of the landlord, P.W. 7, Anil Kumar Singh where she found her younger sister, Shiva, sitting in the lap of the landlady and there she could learn that her mother had been burnt and that her father had rushed her out to the hospital.