UMA KOHLI Vs. STATE OF U P
HIGH COURT OF UTTARAKHAND
STATE OF U P
Click here to view full judgement.
(1.) All these three appeals are directed against
judgment and order dated 14.08.1997, passed by 1
Sessions Judge, Nainital, in Sessions Trial No. 31 of 1990,
whereby said court has convicted accused/appellant Uma
Kohli under Section 306 of I.P.C., and sentenced her to
rigorous imprisonment for a period already undergone and
further directed to pay fine of Rs. 10,000/-. However, she has
been acquitted of the charge of offence punishable under
Section 385 of I.P.C. The trial court has acquitted another
accused/respondent Ms. M.S. Usha from the charge of
offences punishable under Section 385 and 306 of I.P.C.
(2.) Heard learned counsel for the parties, and perused
the lower court record.
(3.) Prosecution story, in brief, is that Ms. Rashmi
Agarwal (deceased) was a student of M.Sc. (Home Science)
IInd year for the session of the year 1987-88 of G.B. Pant
University of Agriculture and Technology, Pant Nagar. She
used to live in Room No. 47 of Kasturba Hostel within the
premises of the University. As per the curriculum prescribed
for the second year of M.Sc. (Home Science), a student was
required to submit thesis on the topic given to him or her. In
the case of Rashmi Agarwal (deceased), she was given a topic
of "Effect of variation in consumer price index on purchasing
power of the people and nutritive value of diets consumed by
them". The deceased was required to complete her thesis under
the guidance/advice of Smt. Uma Kohli (appellant in Criminal
Appeal No. 1700 of 2001). Co-accused Ms. M.S. Usha was a
Dean of Home Science College of the University (she is
respondent in Government Appeal No. 78 of 2001). The
prosecution case is that Ms. M.S. Usha was friendly with one
S.K. Sharma, Deputy Controller (Administration) whose
daughter Ms. Shuchismita Jetley was a student of M.Sc.
(Home Science) 1
year. Prosecution has alleged that Mr. S.K.
Sharma wanted that the thesis written by Rashmi Agarwal
(deceased) be given to Ms. Shushismita Jetley, and he
approached the appellant Uma Kohli, advisor of the deceased
through co-accused M.S. Usha. But the deceased did not
oblige the advisor, whereafter she started making wild
allegations against the deceased and tortured her. It is alleged
by PW2 Gopal Saran Agarwal (father of the deceased) that
when he met appellant Uma Kohli she misbehaved with him.
Allegations of the complainant PW2 Gopal Saran Agarwal is
that Uma Kohli did not return thesis submitted by his daughter,
and ultimately Rashmi Agarwal committed suicide on
23.07.1988. Information of her suicide was given by PW5 Mr.
Kunwar Singh Karki, Security Officer, to the University
authorities. A First Information Report (Ex. A1) was given by
PW2 Gopal Saran Agarwal (father of the deceased) at the
Police Station Lalkuan, on the basis of which, Crime No. 203
of 1988 was registered, in respect of offences punishable under
Section 385/306/109 of I.P.C., against the accused/appellant
Uma Kohli, S.K. Sharma and Ms. M.S. Usha. The
investigation was taken up by PW 15 Sub-Inspector Jameel
Mohd. Rawat and the same was transferred later to PW13 Incharge Inspector Pritam Singh of CBCID. After investigation,
subsequent Investigating Officer submitted charge sheet
against the appellant Uma Kohli and Accused/appellant Ms.
M.S. Usha for their trial in respect of offences punishable
under Section 385, 306 and 109 of I.P.C.;
Copyright © Regent Computronics Pvt.Ltd.