- (1.) K. C. Bhargava, J. These revisions are directed against the order dated 17-9-1990 passed by the Sessions Judge, Lucknow, discharging both the opposite parties No. 1 and 2 (of Criminal Revision No. 339 of 1990 herein after referred to as opposite parties No. 1 and 2) under Sections 227 of the Code of Criminal Procedure in Sessions Trial No. 293 of 1989 State v. Sanjay Singh and six others.
(2.) THE facts of the cases as put forward by the prosecution as a result of the investigation held by the C. B. I. may be, summarised as under: Syed Modi, the deceased, is alleged to belong to a lower middle class family residing at Sardar Nagar, Gorakhpur (U. P. ). He was brought up by his elder brother as his father expired when he was a child. He joined North Eastern Railway in the year 1979 as a candidate under the Sports Quota. Later on the became National Champion in Badminton and remained so for a period of about 8 years. During this period of 8 years he repersented India in various International Championships. In 1984 he was promoted as Sports Superintendent at Lucknow and thereafter he was promoted as Senior Welfare Superintendent in North Eastern Railways, Lucknow, the post which he was holding at the time of his murder on 28-7-1988. Opposite party No. 1 Dr. Sanjay Singh is the adopted son of Rananjay Singh who was former Raja of Amethi District Sultanpur (U. P. ). He was elected to the U. P. Assembly from Amethi, Constituency in two elections held in the years 1980 and 1985. Thereafter he became Minister in the U. P. Government and remained as Minister from 22-7-1983 to 26-8-1987. During the period 9-2-1914 to 12-3-1984 Dr. Sanjay Singh also held the Portfolio of Sports. During the period July, 1984 to August, 1987 he was also Chairman of the Pradeshik Co-operative Dairy Federation Ltd. (in short PCDF), Lucknow, except for a brief period of 5 days in July, 1985. Amita Kulkarni, opposite party No. 2 resided at Bombay and her mother Smt. Pushplate Kulkarni was a Lecturer in one of the Colleges at Bombay. Upto B. A. Part I, Amita Kulkarni, opposite party No. 2, was educated at Bombay and thereafter she did her B. A. Final Examination privately as a teacher candidate from Lucknow University in the year 1983-84. During this period she was serving in the Clerical Grade in the Railways at Bombay. She worked as a Head Clerk from September, 1981 to 31-3-1985. In the month of February, 1984 she came to Lucknow to appear in the B. A. Final Examination from Lucknow University and thereafter she continued to stay at Lucknow. While at Lucknow she gave one month's notice to the Central Railway Board on 16-3-1985 which was for her resignation from service. This resignation was accepted with effect from 1-4-1985. Prior to the giving of notice of resigna tion she was interviewed for the post of Manager Grade III in the P. C. D. F. Lucknow on 9-3-1985. Thereafter she was selected for this post and was appointed as Marketing Manager Grade IIi in P. C. D. F. with effect from 9-4-1985, against the Sports Quota. The post under Sports Quota was, for the first time, created in the P. C. D. F. at the behest of Dr. Sanjay Singh, opposite party No. 1. According to the prosecution Akhlesh Singh, who is also one of the accused in this case but has not come in revision as a resident of District Rae Bareli. He is the son of late Ramendra Nath Singh alias Dhunni Singh who had been a big landlord and contractor. It is alleged that he has a criminal record and presently he is involved in a number of crimes along-with the members of his gang some of whom are also co-accused in the present case.
(3.) THE deceased Syed Modi came in contact with Amita Kulkarni, opposite party No. 2, at Bejing (China) while participating in the IIIrd Inter national Invitation Championship in the year 1978. In the year 1982 Syed Modi was engaged to Amita Kulkarni. Dr. Sanjay Singh is alleged to have come in contact with Amita Kulkarni, opposite party No. 2, in the year 1983 when she came to Lucknow. From the beginning of 1984 Amita Kul karni opposite party No. 2 leant towards Dr. Sanjay Singh, opposite party No. 1 in spite of the fact that she was engaged to Syed Modi in the year 1982. It is alleged that their friendship developed into infatuation with each other which caused alarm to Syed Modi on account of which he remained continuously perturbed. Marriage between Syed Modi deceased and Amita Kulkarni, opposite party No. 2, took place on 14-5-1984 at the residence of Dr. Sanjay Singh, opposite party No. 1. Dr. Sanjay Singh opposite party No. 1 later on developed and conti nued extra-marital relations with Amita Kulkarni, opposite party No. 2 and in fatuation of Dr. Sanjay Singh opposite party No. 1 increased with time towards Amita Kulkarni, opposite party No. 2 Syed Modi deceased had sus pected about this extra-marital relations and resented on account of these relations. There were frequent quarrels over this issue between Syed Modi and Amita Kulkarni opposite party No. 2 Amita Kulkarni opposite party No. 2 gave birth to a child on 4-2-1988 at Command Hospital, Lucknow where she was got admitted on account of the influence of Dr. Sanjay Singh. It is alleged that Amita Kulkarni had conceived two times prior to it but she aborted. It is alleged that Syed Modi deceased suspected that the concep tion of Modi Kulkarni, opposite party No. 2 was by Dr. Sanjay Singh. It is also alleged that Syed Modi deceased was so much in love with Amita Kulkarni that in spite of her infidelity and Sanjay Singh's infatuation for her, he never desired separation from Amita Kulkarni. In spite of all these facts Amita Kulkarni continued to carry her affairs with Dr. Sanjay Singh. When Dr. Sanjay Singh found that Syed Modi was becoming a stumbling block to the continuance of his sexual relations with Amita Kulkarni, he disclosed his intention to silence Syed Modi in his own way.;